Divorce Lawyer: Understanding Adoption and Visitation

Things can get complicated when dealing with child custody and an adoption at the same time. Typically, a child custody arrangement is between the two biological parents, and a divorce lawyer is involved.  Often times, however, it is in the best interest of the child to award visitation to a relative of the biological parent.  There are several factors, which the court may consider to determine the best interest of the child.  

The duration and value of the relationship between the kid and the relative is a factor, which the court and divorce lawyer should consider. For instance, if a child has been visiting his grandfather every weekend for 12 years and the relationship is benefiting the child, then the court can consider this in a positive light.  Another factor the court considers is whether the child is in need of tutelage or direction.

If a child is failing in school and has a behavioral problem, a court will most likely award custody of the child to a derelict parent.  If the child is mature, the court will give consideration to his preference as to who should be awarded custody.  Here’s an example that a divorce lawyer may be confronted with.  If a child wants to live with his father because he lets him do whatever he wants, then the court will most likely not consider the child’s preference.  However, if a child prefers to live with his mother because she helps him with his homework and brings him to church, then the court will most likely consider the child’s preference.

Another important factor which a court and a divorce lawyer may consider is whether the relative will be conducive to the child developing a good relationship with his parent.  For example, if grandma tells child that his mother is no good, then a court will weigh this against grandma.  And another is the physical and mental well-being of the kid and relative. For instance, if both the child and relative are physically disabled, the court would determine whether the relative’s disability would be an impediment to raising the child.

In rare circumstances, a court will award visitation rights to the child’s relative.  Let’s say Big Henry and Crazy Roxie get married and have a kid.  Seven years later, they file to end their marriage with the assistance of a divorce lawyer.  After this, Crazy Roxie is awarded custody and Big Henry gets visitation.  In the meantime, Roxie gets remarried and Big Henry dies.  Big Henry’s parents seek to step in his shoes to take his visitation rights.  However, Roxie’s new husband wants to adopt the kid.  In this case, a court may allow the grandparents visitation rights.  If the visitation order takes place before the adoption of the kid, then the visitation order would be unchanged.

Again, the court will ultimately look to the best interest of the child.  If the best interest of the child is to be with his grandparents, then that is what the court will order.  When contemplating an adoption or your new spouse seeks to adopt your child, it is important that you and your divorce lawyer be familiar with the legal issues.

Sometimes things can be difficult.  As in the scenario laid out, a court can award visitation to a relative in extraordinary circumstances. What is an extraordinary circumstance?  Perhaps the kid loves his grandparents and the grandparent’s child died.  This probably would constitute an extraordinary circumstance.