It is not uncommon after a divorce to remarry. Many times, this can lead to a strong relationship between step-child and step-parent. In fact, sometimes you and your step-child may wish to formalize the relationship through adoption. As with all custody matters, it is important to discuss your this with a trusted St. Louis divorce lawyer. They can help you decide if adoption is a reasonable option.
Missouri family law provides a few avenues for adopting a step-child. The easiest, of course, is if the non-custodial parent waives their rights and consents to the adoption. At this junction, your family law attorney will then file the proper paperwork, submit any related fees, and begin the process of adoption. In the case of an abusive non-custodial parent, your attorney can petition the court to remove the custodial parent’s rights, but this is generally a lengthy process.
If the custodial parent has been absent for twelve months or longer, your attorney can petition the court to approve the adoption without consent of the natural parent. However, should the non-custodial parent make contact, seek to visit, or have custody of your step-child anytime during a twelve-month period, the clock resets. If you and your spouse have found the child’s non-custodial parent to be absent for twelve months or more, speak to a Missouri family law attorney.
There are a few reasons why you may be interested in adopting your step-child. Adopting a step-child can make inheritance and insurance issuance much simpler. As well, it can also be a way to separate a minor child from an abusive non-custodial parent. Or, perhaps the child wishes to take on the same last name as their step-parent. Although this last point does not require adoption, it is an avenue to reach the same destination. Also, worth noting, should the custodial-parent pass on unexpectedly, adoption ensures that your step-child will stay under your protection without a lengthy court battle. Finally, and perhaps most obvious, the bond of love between step-child and step-parent has grown so strong that both you and your step-child want to formalize that trust and endearment legally. All the above are valid reasons to pursue adoption.
Adoption, even when consented by the custodial-parent, is a complex legal process. It is important to speak with an experienced Saint Louis family law attorney to help ensure you navigate the complex road ahead. Give us a call today at (314) 801-8488.
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