There is no question how difficult the divorce of two biological parents is on a child. There are new schedules to adapt to, new step-parents, new homes, and new schools are all part of the
adjustment to a divorce. When a child has already gone through the loss of one biological child and has bonded with a new step-parent, that relationship can become very important. Step-parents take on great responsibility for a child that is biologically not theirs. So when there is a step-parent divorce in Oklahoma, it can be a big deal to the children involved.
Adoption Process
Taking that next step to adopt their step-child, to take this child in as their own, is a profound decision. It is as if the child has always been their natural child and them always their parent. The relationship between an adopted child and a step-parent can be extremely strong.
For a step-parent to adopt a step-child, both biological parents must agree or one biological parent’s parental rights are terminated. One of the most basic human rights, to bear a child, is not lightly terminated, the step-adoption process is taken very seriously in family law. It is important to be represented by an experienced Tulsa family law attorney, so the adoption process is properly conducted.
For an adopted child to experience a second divorce it is as if they have lost two parents — first their biological one, and then their step-parent. Many children blame themselves and feel unworthy during a step-parent divorce. It is important to maintain your relationship with your step-child so as not to feed into their fears.
Parental Rights
After a child is adopted by a step-parent, that parent is the child’s legal parent. The child has all inheritance rights and the parent maintains all rights as a natural parent. When a divorce occurs, child custody and child support proceed as if the child was the step-parent’s biological parent.
Child Custody
Once you and your spouse separate, you should consult a family divorce attorney so that a custody schedule can be agreed upon. If a custody schedule is not in place, both parents are entitled to custody. Either parent is entitled to have the child live with them until temporary custody orders are filed with the family court.
To request a custody order, your family divorce attorney will file a “Petition for Custody.” This is commonly included in the divorce paperwork your attorney had you fill out already.
Custody is divided into legal custody and physical custody. Legal custody includes the right to make legal decisions for your child, while physical custody refers to where one child lives with one parent and the other has visitation.
Best Interest of the Child
These difficult decisions a family judge must make during a step-parent divorce are based on the best interest of the child doctrine. In order to apply this doctrine, the court considers the following:
- Parent’s wishes, and sometimes the child’s wishes. The child usually has to be older than 12 to testify in Oklahoma.
- Quality of the parental relationships with the child.
- Physical and mental health of the parents.
- Which parent will most likely encourage a relationship between the child and the other parent.
- Which parent is most involved with the child’s activities, school and friends.
- Which parent has been most involved in medical care.
- Present or past physical or drug abuse or criminal activity.
- Ability to provide for the well-being and needs of the child, including food, shelter and care.
There are considerations when a judge must choose how to divide a child between their two parents. However, an expert family divorce attorney can help identify your strengths as a parent and show the evidence to your family judge.
Free Consultation with a Tulsa Family Divorce Lawyer
As a step-parent, it is important you understand your rights. An experienced family divorce attorney can help with this process.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.
For a free confidential consultation, call now: 918-924-5526.
