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MI family lawyerThe most common forms of adoption are family adoptions, specifically stepparent adoptions. Stepparent adoptions take place when one parent’s new spouse wants to adopt the child of that parent. This can help establish a more secure connection between the parent’s spouse and the child, but it can be difficult to attain, especially if the child’s other parent objects to the adoption. Stepparent adoptions can be important to families who want to bring themselves closer to each other and establish more secure ties, but they can also be stressful and emotionally demanding.

Parental Rights and Step Parent Adoption

Michigan law only allows a child to have two legal parents at any one time. This means that if a stepparent wants to adopt the child, the child’s current legal parent must agree to the adoption, voluntarily giving up their legal parental rights to the child. If the judge approves a stepparent adoption, the child’s other parent will lose all custody and visitation rights. They will also no longer be required to pay child support or have any other obligations to the child. These rights will all be transferred to the stepparent. Even if the stepparent and the child’s parent divorce in the future, the stepparent will still be the legal parent of the child.

If a Parent Objects to the Adoption

In order for a stepparent to adopt a child, the child’s other parent must consent to the adoption. If they do not consent to the adoption, the only way it can move forward is by an involuntary termination of parental rights. This can only be established by proving that the child’s other parent is unfit. Being unfit can mean that the parent has not provided support for the child and has failed to visit or contact the child.

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MI family lawyerSometimes, 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.

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Adopting a Stepchild in Michigan: Benefits and Process

Farmington Hills stepparent adoption lawyerIf 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:

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