Monday, October 1, 2018

What Can You Do If You’re Getting a Divorce in the Middle of an Adoption in Utah?

So you and your spouse decided to adopt a baby. However, something went wrong and now your spouse (or you) filled for a divorce. How does it affect the adoption process and can it be continued?

First of all, it is important to understand that a divorce won’t necessarily end the adoption process, but it may be a huge obstacle along the way.

As you may know, there are several types of adoptions. Each and every one of them is different in nature and legal aspect. If you are going through a divorce, the final word on your adoption process may be issued by the judge or the biological parents of the child.

Here are some things you should know about adoption and what you can do when facing a divorce.

The Original Idea

Before you filed your adoption papers, what was the original agreement? Was it that the child will be going to a married couple? If that we what the biological parents were told, perhaps it is time to visit them again and alter the proposed terms of adoption.

However, if the biological parents agreed to give the child to you, without any requests that you and your spouse must stay together no matter what, you should have a good chance of adopting the child you wanted while getting divorced at the same time.

This can be best explained to you by one of our Salt Lake City Adoption Attorneys. Call today and schedule a free initial consultation, and learn what laws in Utah may stand in your way.

Foster Care Adoption

Unlike consensual adoption, foster care adoption has different rules and regulations. In this case, the biological parents have no rights in deciding where their child should go as their rights have been terminated by the state. They will have no legal say in the adoption process.

The only one with the power to make the adoption happen (or not) is the judge. As you are going through a divorce, your judge will make a final decision and decide which one of you will get the child, or if the adoption process will be terminated. Again, there are many factors that will be taken into consideration, as the child has to be provided with a home, care, nurturing and love.

If your divorce is not a friendly one, the chances are that none of you will get the chance to adopt the child. So you are left with 2 options:
  • Talk to your spouse about it and try and find common ground
  • Contact our Salt Lake City Divorce Attorneys and let them help you potentially secure the adoption.
As the chances are that you and your spouse may not be able to come to terms, your best option is to get legal representation and involve them in the adoption process as well. Keep in mind that it is the judge’s decision that is final, and even if things look good for you, the judge may drop the adoption case.

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