What Happens When Parents Divorce After an Adoption

Divorce is a challenging process for any family, but when adoption has already taken place in the marriage, the complexities can increase, especially when it comes to parental rights and custody decisions. In Georgia, adoptive parents have the same legal rights and responsibilities as biological parents, and these remain intact even after a divorce. This blog explores how divorce impacts adopted children, custody arrangements, and parental rights, particularly for LGBTQ couples.

How Divorce Impacts Adoptions in Georgia

In Georgia, once an adoption is finalized, the adoptive parents are granted full legal rights and responsibilities over the child. These rights are equivalent to those of biological parents and do not change due to divorce. However, the divorce process can introduce significant changes in terms of custody arrangements and financial obligations.

Custody Arrangements

• Best Interests of the Child: Georgia courts prioritize the best interests of the child when determining custody. Factors considered include the emotional bond between the child and each parent, each parent's ability to provide a stable home environment, the child’s school and community ties and each parent's involvement in the child’s daily life and care.
• Joint or Sole Custody: Adoptive parents may be awarded joint custody (sharing parenting time and decision-making responsibilities) or sole custody (where one parent has primary custody). The court evaluates which arrangement best supports the child’s well-being.

In Georgia, custody arrangements in divorce cases following an adoption are determined based on the best interests of the child, similar all to other custody situations. Several key factors influence these arrangements, ensuring that the child's emotional and physical well-being is prioritized. Here’s an overview of the primary factors that courts consider when determining custody in Georgia divorce cases following an adoption.

Factors Influencing Custody Arrangements in Georgia Divorce Cases Following an Adoption

1. Emotional Bond with Parents: The strength of the emotional connection between the child and each parent is critical. Courts look for evidence of nurturing relationships and how each parent has contributed to the child's emotional development.
2. Parental Involvement: The level of involvement each parent has in the child's life, including participation in educational, social, and extracurricular activities, is evaluated. A parent who is actively engaged in their child's upbringing is often viewed favorably by the court.
3. Stability of Home Environment: A stable home environment is essential for a child's well-being. Courts assess the living conditions, neighborhood safety, and overall stability each parent can provide. A consistent routine and a secure environment are significant considerations.
4. Ability to Provide for the Child's Needs: Each parent's capacity to meet the child's physical, emotional, and educational needs is examined. This includes financial stability, access to healthcare, and the ability to provide a nurturing environment.
5. Child’s Age and Developmental Needs: The age of the child plays a role in custody decisions. Younger children may require more frequent contact with both parents, while older children may have their preferences considered more seriously.
6. History of Domestic Violence or Substance Abuse: Any history of domestic violence or substance abuse by either parent is taken very seriously. Courts prioritize the safety of the child and will investigate any allegations thoroughly.
7. Child's Preference: In Georgia, children aged 14 and older can express their preference regarding which parent they wish to live with. While this preference is considered, it is not the sole deciding factor; the court will weigh it alongside other considerations.
8. Parental Health: The physical and mental health of each parent can impact custody decisions. A parent's ability to care for a child may be affected by health issues, which courts will take into account.
9. Willingness to Foster Relationships: Courts favor parents who demonstrate a commitment to fostering a positive relationship between the child and the other parent. This includes supporting visitation rights and encouraging communication.
10. Geographic Location: The proximity of each parent's residence can influence custody arrangements, as courts aim to minimize disruption in a child's life and maintain stability in their schooling and social circles.

Child Support Obligations

Adoptive parents who are divorced or are in the process of divorcing are legally obligated to provide financial support for their children until they reach adulthood. Divorce does not absolve this responsibility. The court calculates child support based on each parent's income, expenses, and the child's needs.

Parental Rights for LGBTQ Adoption Couples After Divorce

For LGBTQ couples who have adopted children in Georgia, divorce can present unique challenges related to parental rights. However, Georgia law ensures that both adoptive parents retain equal legal standing after adoption is finalized. That is why an adoption by the non-biological parent is essential to protect their rights to the child or children in the event of a future divorce.

Key Considerations for LGBTQ Couples

1. Legal Recognition: Both parents listed on the adoption decree are considered legal parents with equal rights. This means they have equal standing in custody and visitation matters during divorce proceedings. If one parent was not legally recognized as a parent at the time of adoption (e.g., if only one partner completed a stepparent or second-parent adoption), they may face difficulties asserting parental rights during a divorce. As SM&P Attorney, Judy Sartain states, “If only one partner is listed on the birth certificate as a biological parent, the other partner may face challenges in attempting to obtain visitation rights or custodial rights to the child.”
2. Custody Disputes: Like any other couple, LGBTQ adoptive parents must demonstrate their ability to provide a stable and nurturing environment for their child.
   Courts in Georgia do not discriminate based on sexual orientation or gender identity when determining custody arrangements; decisions are solely based on the child’s best interests.
3. Importance of Finalized Adoption: For LGBTQ couples raising children together, completing the legal adoption process is crucial. Without finalized adoption, a non-adoptive parent has no legal parental rights if the relationship ends.

Steps to Take During Divorce Involving Adoption Cases

If you are navigating a divorce involving adopted children in Georgia, here are some steps to ensure a smooth process:

1. Understand Your Rights: Both adoptive parents retain full legal rights post-divorce. Ensure you understand your responsibilities regarding custody and financial support.
2. Focus on Co-Parenting: Maintaining open communication with your co-parent can help minimize disruptions in your child’s life. Prioritize their emotional well-being by working together on parenting plans.
3. Petition for Custody Modifications if Needed: If circumstances change post-divorce (e.g., relocation or changes in work schedules), you can petition the court to modify custody or visitation arrangements based on your child’s evolving needs.
4. Seek Legal Guidance: Divorce involving adopted children can be legally complex, especially for LGBTQ couples or cases involving contested custody. Consult with an experienced family law attorney familiar with Georgia adoption laws to protect your parental rights.

Prioritize Your Child’s Needs and Get the Right Advice

Divorce after an adoption in Georgia does not alter the legal relationship between adoptive parents and their children. Both parents retain full parental rights and responsibilities, with custody decisions being made based on the best interests of the child. For LGBTQ couples, ensuring that both partners have completed all necessary legal steps during adoption is crucial for protecting their parental rights post-divorce.

Navigating these challenges requires careful planning and legal guidance. By prioritizing your child's well-being and understanding your rights under Georgia law, you can work toward a resolution that supports your family’s stability during this transition. For more information about adoption laws or assistance with divorce proceedings involving adopted children in Georgia, consult with an experienced family law/adoption attorney today.