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    Divorcing During the Adoption Process in Florida

    For many foster parents, the usual end goal is to find a child that needs your loving home. While some children may be temporary stays before returning to their biological parents, every foster parent is looking for “the one,” so to speak, that they will adopt. However, life might not always work out quite like that. One thing that could throw a wrench in your adoption process is the decision to divorce. However, there are many types of adoption and divorce could affect them all differently. So whether you are a hopeful foster parent or a doting step-parent, how will divorce affect your adoption process?

    Adoptions and Divorce

    Adoption is a broad term, but there are actually many different types. While many are affected similarly by divorce, there are a few curve balls to look out for. Types of adoption processes that are affected by divorce include:

    • Consensual Adoptions – If the birth parents of the child waive their parental rights and give their child up to another couple to be adopted, they still maintain some rights until the papers are finalized. If they were giving their child up to what was supposed to be a loving couple, until it is official, they maintain the right to change their mind if divorce is not what they had in mind for their child.
    • Adoptions Through Foster Care – If you are a foster parent, the parents of the child you are looking to adopt have had their rights terminated by the state. This means that they have no legal say, but the courts still do. If you are getting a divorce, the court will consider the best interests of the child first and foremost. If it is deemed that you can support them through a single income, then your adoption process may be allowed to continue despite the divorce.
    • Adoptions by Step-Parents – If the biological parent wishes for a step-parent to adopt their child, the process is usually sped up. However, if a divorce between the couple does manifest in this time, the process will likely not be approved by the court.
    • International Adoptions – If you are looking to adopt a child from a foreign country, the decision to adopt to you if you are going through a divorce is completely up to the county. Some will not continue the process if you are filing for divorce, while others might. Some countries might even go so far as to deny you even if you have a long past divorce on your record, which can be frustrating.

    Regardless of the adoption process, once those papers are finalized, it cannot be undone. Once the adoption papers are signed and filed, that child will be treated the same as any biological children in the event of a divorce. This means you may be subject to visitation, custody, as well as child support payments if you choose to divorce after adoption.

    Are you a foster parent who is going through a divorce in Boca Raton? If you were hoping to adopt your foster child eventually, divorce may seem like it makes all your future plans come undone. However, foster adoptions, unlike the many other options, may still allow you to adopt or even just keep your foster child in your care even if you are getting a divorce. It is all about proving that you can still support a child financially and give them a happy, loving home. If you are a foster parent divorcing in Boca, contact us today to see how we can help you get the most out of your divorce and help you keep your life on track.