Dealing with a Contested Stepparent Adoption in Michigan

 Posted on December 21,2018 in Family Law

The most common forms of adoption are family adoptions, specifically stepparent adoptions. Stepparent adoptions take place when one parent’s new spouse wants to adopt the child of that parent. This can help establish a more secure connection between the parent’s spouse and the child, but it can be difficult to attain, especially if the child’s other parent objects to the adoption. Stepparent adoptions can be important to families who want to bring themselves closer to each other and establish more secure ties, but they can also be stressful and emotionally demanding.

Parental Rights and Step Parent Adoption

Michigan law only allows a child to have two legal parents at any one time. This means that if a stepparent wants to adopt the child, the child’s current legal parent must agree to the adoption, voluntarily giving up their legal parental rights to the child. If the judge approves a stepparent adoption, the child’s other parent will lose all custody and visitation rights. They will also no longer be required to pay child support or have any other obligations to the child. These rights will all be transferred to the stepparent. Even if the stepparent and the child’s parent divorce in the future, the stepparent will still be the legal parent of the child.

If a Parent Objects to the Adoption

In order for a stepparent to adopt a child, the child’s other parent must consent to the adoption. If they do not consent to the adoption, the only way it can move forward is by an involuntary termination of parental rights. This can only be established by proving that the child’s other parent is unfit. Being unfit can mean that the parent has not provided support for the child and has failed to visit or contact the child.

Contact Our Skilled Farmington Hills, MI Step Parent Adoption Attorneys

Making the decision to have your spouse adopt your child is an important one. If your child’s other parent is absent from his or her life, stepparent adoption is one way you can ensure your child has two parents in their life. At Elkouri Heath, PLC, we understand both the emotional and legal sides of stepparent adoption. Our trained Oakland County stepparent adoption lawyers can help you throughout the adoption process. Contact our office today to learn more about the stepparent adoption process and how you can begin it. Call our office at 248-344-9700 to schedule a free consultation.

Sources:

http://www.legislature.mi.gov/(S(tkbh1nbva1a1xq2g4v0k13c3))/printDocument.aspx?objectName=mcl-288-1939-X&version=txt

https://www.childwelfare.gov/pubpdfs/f_step.pdf