9 Things to Know When Adopting a Stepchild - Adoption Lawyer | Burns Law

What to Expect When Adopting Your Stepchild

Common Roadblocks and Issues That Stepparents Face

If you are thinking about adopting a step child, any family lawyer in Los Angeles will tell you that this can really cement your family together since all of you will legally and officially be a part of the same family. Stepchild adoptions in Los Angeles can have a comforting psychological effect on the child, but they also come with a unique set of challenges.

The Law Office of Nigel Burns is a law firm for family issues, and we have over a decade of experience handling adoptions, child custody, and other issues surrounding divorce. In addition to the legal knowledge, we also understand how these matters can affect your family financially and emotionally. 

Many family court lawyers in Los Angeles find that their clients can be looking at the situation with rose-colored glasses, and they may not be aware of the significance their adoption poses in their stepchild’s life. Especially psychologically, this situation can have a serious impact on the stepchild’s life and development.

While every family is different, our attorneys have compiled some information regarding what you can expect from the stepchild adoption process.

Legal Significance 

Stepparents, no matter how harmonious their blended family may be, do not have the same legal rights and responsibilities as legally recognized parents, which is why many stepparents are interested in increasing their parental authority through adoption. 

Adoption will give you permanent legal and financial responsibility for your stepchild, giving you the same rights as a biological parent would have. This is important because it will allow you to make decisions regarding your child’s schooling, medical care, and religious upbringing. It will also keep the child in your care should your spouse pass away, thus saving you the legal battle and trauma of having the child removed from their household.

Financial Significance 

Adoption also allows you to give your stepchild access to financial benefits like health insurance and inheritance. Keep in mind that adopting the child will put an end to any financial support paid by their noncustodial parent. Your financial responsibility to your adopted child does not terminate, even if your marriage to their parent ends in divorce. You will have to pay child support to the child in the event of a divorce.

Effect on Your Family

In addition to changing your family in a legal and financial manner, adopting your stepchild can also have a psychological effect on your family dynamic. While most adoptions can leave the adopted child feeling like an outsider, but adopting a stepchild involves blending an already firm family. 

Combining two family units can be complicated, as a remarried family is the most complex structure. When you are blending your family together, it’s important to have realistic expectations about how quickly your new family will bond. Don’t be surprised if your stepchild is standoffish at first. You can expect plenty of negative feelings, such as anxiety, resentment, and depression. 

The second marriage likely means that both parents have previous marriages, and this can sometimes cause tension. Putting kids into the mix can make it even worse. Try your best to alleviate stress from the children and putting pressure on them. 

Successful stepparent adoptions require plenty of communication between all family members, as expressing frustration, sadness, and resentment is essential to maintaining a healthy familial environment. If you are seeking to build a sense of unity among your blended family, you can try to schedule a weekly dinner where each of you expresses how you are feeling about the new situation.

In addition to healthy communication, don’t underestimate the importance of the child getting to spend one-on-one time with their biological parent. Many stepchildren feel as if their parent is being stolen away from them, so you should respect their boundaries when it comes to quality time. Similarly, you may want to schedule some quality time where you can get to know your stepchild further. Our adoption attorneys in LA recommend that you try to find a common interest, hobby, or activity to bond with your stepchild over. 

Our attorneys urge stepparents that are in the process of adopting their stepchild to approach the situation with the realistic expectation that this may be a rocky road, especially if there are issues with the child’s other parent. If you are concerned about the other parent, then it’s best to hire an experienced civil litigation attorney like Nigel Burns. 

Common Roadblocks 

Stepchild adoption is a process, so you should expect to have to pass various roadblocks when going through this journey. You should expect to undergo a home study or background check so that the courts can ensure that the child will be safe. 

When you adopt a stepchild in California, you must get consent from the other parent, even if they are not actively involved in the child’s life. Many parents are unwilling to forfeit their parental rights, but California courts have three situations that bypass the issue of getting parental approval, including: 

  • The parent has abandoned the child and is not reachable
  • The parent was an unfit parent who was abusive towards the child
  • The child’s father is not actually the biological father

The courts may require that the noncustodial parent appears in court to give their consent, but this can also be written. 

Many parents want to settle their stepchild’s adoption outside of court to reduce the financial burden. Court costs and other related fees can pile up, so make sure that you have a budget in mind. 

About Our Law Firm

The Law Offices of Nigel Burns is a law firm for family issues, like those surrounding marriage, divorce, and trust litigation. These are personal matters, so it’s natural to become emotionally invested in your civil case; our attorneys can take pressure off of you by handling the legal aspects of your situation while you deal with the emotional aspects. Our attorneys are experts in civil litigation, ensuring that your adoption goes smoothly, bringing you the most favorable results possible. 

In the event that you are in need of an attorney for family issues outside of the adoption process, our attorneys can help litigate child custody disputes, property division, protective orders, and more family court issues.

Our offices are located across greater Los Angeles, so accessibility shouldn’t be a problem. We’re also offering virtual services due to COVID-19. To see our full list of contact options, click here

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