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Legal Implications Associated with Blended Families in Adoption and Divorce Proceedings

Posted by Crissy Del Percio | Dec 31, 2019 | 0 Comments

legal implications with blended families

Divorce and adoption present unique legal challenges and considerations to blended families, which must be managed carefully to minimize potential legal implications and complications of divorce and adoption. We will also explore any resulting legal issues from such intersections within blended families.

  1. Adoption Dynamics in Blended Families
    Adoption is often undertaken by blended families to strengthen their ties and bring about closer family ties, but it also presents legal complications that should be carefully considered, particularly in cases of divorce.
  2. Adoptive Parents Enjoy Legal Rights
    Adoptive parents share many of the same rights and responsibilities as biological parents under the law, including having control over a child's health, education, and well-being. Adoptive families' legal rights are safeguarded during divorce cases as courts strive to create arrangements that serve their best interests first.
  3. Termination of Parental Rights
    Termination of parental rights may be pursued as part of certain divorce cases if it's determined that it would serve the best interests of the child, thus ending legal relationships between noncustodial parents and their children. It should be remembered, though, that this process requires a specific justification such as abandonment or neglect for consideration.
  4. Adoption and Custody
    In divorce proceedings, custody decisions for adopted children are determined similarly to biological children, that is, according to their best interests as determined by taking into account factors like their age, relationships between the parents, and ability to provide stable support environments.
  5. Closing Versus Opening Adoptions
    Divorce proceedings may be affected by the nature of an adoptio,  whether open or closed. A court will likely take open adoptions where birth parents retain some contact with their child into account, as these relationships require communication and cooperation among all parties involved to foster new ones after divorce.
  6. Adoption Agreements and Post-Divorce Obligations
    Adoptive and birth parents may create agreements in some adoptions to outline communication after adoption, financial arrangements, or visitation rights. Courts may find such arrangements essential when determining obligations and responsibilities after divorce.
  7. Adopted Siblings and Divorce
    Blended Families often consist of both biological and adoptive siblings. To ensure continuity in their relationships, courts often prioritize keeping adopted siblings together whenever possible.
  8. Legal Representation
    Legal representation is crucial when navigating adoption and divorce proceedings, to protect their rights and interests in divorce proceedings. Adoptive parents, birth parents, and the child should all seek advice from attorneys experienced in family law and adoption. These professionals can offer tailored advice that suits blended families specifically.
  9. Communicating and Co-Parenting
    Effective communication is crucial when co-parenting after divorce, especially in blended families with children adopted from other countries; maintaining positive relationships and prioritizing child welfare are of utmost importance in such instances.
  10. Resources Post-Adoption
    Blended families that have experienced divorce may benefit from seeking out post-adoption services to aid in the legal and emotional transitions after adoption. Support groups, counseling services, and legal resources that specialize in post-adoption can be essential in helping navigate its complexities.

Legal considerations relating to divorce and adoption for blended families can be complex and require a thoughtful, nuanced approach from courts. Courts aim to reach arrangements that benefit children while upholding all legal rights and responsibilities, so blended families should seek legal advice and encourage open dialogue before undertaking adoption or divorce proceedings if they desire their welfare to remain at the forefront.

If you want to ask questions related to this topic or if you want to consult a divorce attorney in Kansas City, contact Drama Free Divorce today at (816) 615-5555. At Drama Free Divorce, our sincere group of lawyers will guide you through a painless and dramaless divorce so you won't have deal with unnecessary matters that will wear you out and drain you physically and financially.

About the Author

Crissy Del Percio

Crissy Del Percio is a graduate of the University of Missouri-Kansas City School of Law. Additionally, she received her undergraduate degrees in Journalism (News and Information) and Communication Studies from the world-renowned home of the Jayhawks – the University of Kansas. She has been practicing law for a decade and spent the first part of her career specializing in helping low-income survivors of domestic violence. Now at Drama-Free Divorce, Crissy enjoys helping people consciously uncouple. She is also a Guardian Ad Litem and domestic mediator. Crissy has won a number of prestigious awards for her work in public service, but you likely recognize her from her acting career, where she is also an award-winner. In her free time, she enjoys spending time with her egregiously overpriced dog, Augustus Rodham and knitting. 

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