Most custodial parents do not like to think of the prospect of them dying before their minor children are grown. However, it is a possible scenario. It is one that all custodial parents and non-custodial parents should understand. The following information will help you to understand what could happen if you are the custodial parent of a child and married to someone who is not the biological parent of your child.
No Formal Adoption
It is not uncommon for couples to marry and not proceed with formal adoption arrangements for children. Sometimes shared custody arrangements between parents prevents formal adoptions from being sought. In some cases, married couples might not go through the process because they do not expect the custodial parent to die. Other couples feel like there is no need for a formal adoption as long as the spouse treats minor children like they are theirs. If the relationship with the non-custodial parent is amicable, formal adoptions may not be sought either. Without a formal adoption, it is possible for family courts to award custody to a non-custodial parent even if the stepparent has lived in the home with the minor child for a number of years. This may be based on the premise of "next of kin." It is possible for stepparents to challenge this type of ruling through petitions. This would result in a judge deciding what is best for the child. For example, a child may have a stronger bond with a stepparent that they have lived with than they have with their living biological parent.
Formal Adoption
Formal adoptions must go through family courts. The non-custodial parent generally has to agree to terminate their parental rights for the process to go through. However, in extreme cases, family courts may decide to enforce the termination of parental rights. For example, if a non-custodial parent is unable to be found for an extended period of time and never responds to the petition to terminate their parental rights, a judge might sign the adoption order. If a formal adoption is granted and parental rights are terminated, custody of the minor child will likely go to the stepparent who adopted the child because they are considered as a parent legally, even though they are not biologically. In some jurisdictions, terminated parental rights cannot be reversed. Even those that allow it may have lengthy procedures that biological parents have to go through if they seek it.
A child custody lawyer is a good resource to use to better understand state-specific laws surrounding this issue. Their services can be used to help you prepare for the unfortunate. If the custodial parent of a child you have relational ties to has passed away, a lawyer could help you petition the courts for custody or visitation. For more information, contact firms like Hart Law Offices, PC.
Share13 June 2017
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