In a Divorce who has more legal rights to the child...the biological parent or the adoptive parent?

Question

The parents are thinking of divorcing is there anyway the adoptive parent can legally take the child form its biological parent?

Answer 1

It would be hard, but legally an adoptive parent has the same rights as a biological one. It is unlikely they would win, tho.

Answer 2

Their rights are equal. After an adoption, the adoptive parent is no different than the biological parent. No one will ever win on that argument alone. To win a child custody case, you have to prove it is in the best interest of the child to be with you. I had a lesbian custody case and the trial court awarded custody to the non-biological partner. I represented the children. It was upheld on appeal.

Answer 3

probaly not.as long as the biological parent is not unfit they will get the child.not all parents want their kids if they prefer to let the adoptive parent raise the child that can be worked out too.but just know the adoptive parent will pay child support to the real parent if that parent retains custody.and they have every right to it is the law and divorce sucks.good luck.

Answer 4

Biological parent.

Answer 5

Yes, My stepdaughter's adoptive father has joint custody of her along with my wife. This is in Alabama. During the divorce, he had sole custody for two weeks until a hearing was held.

Answer 6

the step parent who adopted has just as much rights as the other parent.

Answer 7

depends on the circumstances of the divorce, I'd ask a divorce lawyer who has experience with these situations

Answer 8

unless they are proven to be unfit, no way.

Answer 9

findd out here