Many wonder if they can get custody of adopted stepchildren in an Oklahoma divorce. Divorce is a complex and emotional process, particularly when it involves children. However, when it comes to adopted stepchildren, questions about custody rights can become even more complicated. Understanding your legal standing and custody rights regarding adopted stepchildren in Oklahoma can help you navigate this challenging situation.
Adoption and Parental Rights
When you legally adopt your stepchild, you assume all the rights and responsibilities of a biological parent. This includes the obligation to provide financial support, make decisions about the child’s upbringing, and ensure their well-being. After the finalization of the adoption, your legal relationship with the child is the same as any biological parent.
This means that, in the eyes of the law, you are the child’s parent, regardless of whether you are the child’s biological parent. As a result, if you go through a divorce, your rights and responsibilities as a parent remain intact, and you have a right to seek custody or visitation rights.
Custody Rights in a Divorce
In Oklahoma, the court’s primary consideration in determining custody is the best interests of the child. This standard applies equally to biological and adopted children. When determining custody arrangements for adopted stepchildren, the court will evaluate various factors, including:
- Emotional Bonds: The emotional bond between you and the adopted child is a critical factor. If you have developed a strong, nurturing relationship with the child, the court will likely take this into account when making custody decisions.
- Stability: The court will consider which parent can provide a stable and supportive environment for the child. It will evaluate factors such as your living situation, employment status, and ability to provide for the child’s needs.
- Child’s Wishes: Depending on the child’s age and maturity, the court may consider their wishes regarding custody. While the child’s preference is not the sole determining factor, it can influence the court’s decision.
- Co-Parenting Ability: The court will assess each parent’s ability to co-parent effectively. This includes your willingness to foster a positive relationship between the child and the other parent and your ability to communicate and cooperate regarding the child’s needs.
- History of Care: The court will review which parent has been the primary caregiver during the marriage. If you have been active in the child’s daily care, this may weigh in your favor.
Working with a family law attorney will help you get the best possible outcome and ensure that you and your child’s rights are protected.
Types of Custody Arrangements
Courts can award custody in several forms, depending on what it determines is in the best interest of the child. The three main options the court chooses from is joint custody, sole custody, and granting visitation rights. Joint and sole custody can be broken down further into legal custody and physical custody. Legal custody refers to making important decisions about the child’s life, such as healthcare and education. Physical custody refers to who the child will live with.
Joint custody allows both parents to share legal and physical custody of the child. This arrangement requires a high level of cooperation between the parents, as they will need to make joint decisions regarding the child’s upbringing.
In some cases, the court may award sole custody to one parent, meaning that parent has primary physical and legal custody of the child. Even if the court does not award you primary custody, you may still be entitled to visitation rights. The court will establish a visitation schedule that allows you to maintain a relationship with the child.
Challenges to Custody Situations
While adopting a stepchild generally provides you with parental rights, certain situations can complicate custody determinations. If your spouse contests your custody rights, the court will carefully evaluate all relevant factors to determine the best outcome for the child. Because of this, it’s essential to present a strong case demonstrating your role as a loving and responsible parent.
If either you or your spouse plans to relocate after the divorce, the court will consider how the move will impact the child’s well-being and whether the relocation serves the child’s best interests. If there are allegations of misconduct, such as abuse or neglect, the court will thoroughly investigate these claims. Any findings of misconduct can significantly impact custody decisions.
Tulsa Child Custody Attorneys
In Oklahoma, adopting your stepchild provides you with full parental rights, which remain intact in the event of a divorce. As an adoptive parent, you are entitled to seek custody or visitation rights based on the best interests of the child. While custody disputes can be challenging, especially in contested situations, understanding your legal rights and working with a qualified attorney can help you protect your relationship with your adopted stepchild and ensure their well-being during and after the divorce.
Contact our team of child custody attorneys at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or go online to learn more.