Custody, visitation and child support issues can be sticky in any divorce situation, but when one of the children is adopted, that may present some special challenges. Divorce can also be tougher on an adopted child than a biological child.
Legally, if you and your spouse both adopted the child, the fact that the child was adopted will not change custody, visitation or child support. This is also true if one of you did a stepparent adoption. You have all the same legal rights concerning the child as if you were the biological parents.
If one of you is the biological parent though, and the other parent is an adoptive stepparent, that may come into consideration when the judge makes his or her decision. It’s unlikely that a judge would award custody to a stepparent over a biological parent unless that was proven to be in the best interests of the child.
If only one of you is the adopted parent of the child, the spouse has no legal interests to the child. The spouse would not be entitled to custody or visitation, and would not have to pay child support.
Many adopted children have attachment issues. Even if the child is raised in a loving home, it can be tough for them to accept the adoption and the fact that he or she lost his or her biological family. The divorce is now another loss, which can cause the adopted child to regress.
It’s normal for all children of divorce to react with anger, sadness or confusion, but it can be especially tough for adopted children. It’s a good idea to consider therapy in that situation, as well as for you to reassure the child that you are not moving out of his or her life.