All children are special, regardless of how they may have become a part of your family. Adoption has its own challenges, but it can enhance a couple’s life immeasurably. However, in the event of a divorce, it’s critical to understand the issues related to the custody and support of the adopted child. You should hire an experienced Austin divorce attorney who will work to achieve desirable results for you in this situation.
What Does the Law Say?
According to the laws in Texas, there is no legal difference in how a child’s needs are addressed during a divorce, irrespective of whether the child is biological or adopted. Following a legal adoption, the child becomes a part of your family just as a child born to a couple.
The Texas divorce process requires every adopted child (just like a biological child) to be accounted for with regard to child custody, visitation, child support, and all other issues that are associated with providing for a child.
Family law in Texas protects the rights of all children in the same way during a divorce. Your Austin divorce lawyer can help ensure that your and your adopted child’s best interests are maintained as per law.
Child Custody and Support for an Adopted Child
If the adopted child is a minor, the family court in Texas will determine which parent should provide direct care to the child (physical custody) and whether key decisions related to the child’s upbringing should be made by both parents (joint legal custody).
If the court (or the parents themselves) decides that it is in the best interests of the child to primarily live with one parent, a parenting time agreement will be created and approved by the judge. This will ensure that the child and the non-custodial parent can spend time with each other through scheduled visits.
Finally, the court will determine the child support amount that the non-custodial parent must pay towards the expenses of the adopted child. This process remains unchanged whether the minor child is adopted or not.
Parents should work together to devise the appropriate parenting plan that suits their family. If the court finds that the plan upholds the child’s best interest, it will approve the plan. Both parties continue to remain the adopted child’s legal parents and will retain the right to seek modification of child custody and support at any time in the future.
A dedicated Texas divorce lawyer can guide and assist you with creating the best parenting plan that meets all requirements of the law and possibly gets accepted by the other party as well.
Get the Help You Need From an Austin Divorce Attorney
The ideal way for you to make your adopted child get comfortable with your divorce is to closely engage with your former spouse to develop a healthy co-parenting relationship. Be prepared to put your adopted child’s needs and concerns over and above any negative emotions you may have about the other parent.
If you’re facing a divorce in Austin, TX, you need a winning team by your side. You need the team at Eric Willie P.C. We’ve been serving the people of Austin, TX in all matters of family law for over two decades, and we can do the same for you and your loved ones. Getting our winning team on your side starts with a phone call. To request a consultation, call 512-478-0834 or complete our online contact form.