Sometimes, when parents remarry, they want their new spouse to become the legal parent of their child. Though stepparent adoption can come with many benefits, under Michigan law, a child can only have a maximum of two legal parents at one time. This means if you want your new spouse to legally adopt your child, you must first have your child’s biological parent relinquish their parental rights or have them revoked by the court, which can only happen in certain situations. Stepparent adoption can be a tricky process to navigate, but it does not have to be.

1. Contact the Courthouse

The first step in the stepparent adoption process is to contact the courthouse in the county in which you reside. The will be able to tell you the specific steps you need to take when proceeding with the adoption process. You will also be able to get the forms you need to fill out to file for adoption.

Traditionally, when a couple got divorced, the child was thought to be better off living with its mother for the majority of the time, rather than with its father. Because of that, sole custody was typically granted to the mother and the father was allowed visitation rights. In today’s age, it’s generally thought that joint custody is the ideal situation for children. The Michigan Child Custody Act states that it is important for a child to have a relationship with both of his or her parents, if possible. Child custody can be a hot topic when it comes to divorce, but custody arrangements are always determined with the child’s best interests in mind.

Deciding Factors for Custody Arrangements

Parents are urged to come to a custody agreement on their own, but in the event that they cannot agree, the court must step in and determine the arrangement that is in the child’s best interest. Michigan courts consider the following factors when determining a child’s best interest in custody cases:

Generally speaking, Michigan law holds that it is in a child’s best interest to maintain continuous relationships with both parents after a divorce. But what if you suspect that your ex is using illegal drugs or abusing alcohol or prescription medications? For example, your ex might appear drunk or high when the children are picked up or dropped off, or the children might tell you that they have seen drug use or excessive drinking.

When the safety of your children is at risk, and you are unable to work out a satisfactory solution with your ex directly, you may need to take legal action. Your attorney can file a motion with the family court requesting specific actions or changes to your parenting time arrangements to protect the best interests of the children. Here are some of your options.

Request Testing and/or Investigation for Substance Abuse

If you have been helping to raise your spouse’s children for some time now, you probably consider them “your” children already, even if they are not “yours” biologically and legally. Obviously, you cannot do anything about the biological part. But have you thought about legally adopting your stepchildren? 

Benefits of Stepparent Adoption

You might choose to adopt your spouse’s child for any or all of these reasons: