If you’ve been through a divorce and are now married to someone else, the thought of your new significant other adopting your children from the previous marriage, especially if the father is not involved, has probably crossed your mind. If your new spouse functions as a parent to your children, it may be a good idea for that parent to adopt the children. Please remember that a step-parent adoption is not always possible, it may not be right for you, but many families do find it to be ideal.
In the eyes of the law, step-parents do not have many rights. A step-parent is not a legal parent and does not have the same rights as a birth parent. Let’s say your child needs to get medical care, a step-parent would have to be given written permission from the legal parent to get/provide that medical care. Step-parent adoptions are fairly common and simple. The adoptive parent will need to go through a background check, provide fingerprints, and a home study must be preformed. It’s important to remember if the child is over the age of 14, the child must agree to the adoption by signing a form called Consent to Adoption by Adoptee.
It’s also important to note that if the noncustodial parent does not agree to the adoption, you must provide convincing evidence that termination of parental rights is warranted. For example if the other parent has failed to support the child for two years or more, or the other parent has failed to contact/visit the child for two or more years.
If you’re looking into a step-parent adoption in the Wisconsin area, you can trust our skilled attorneys to get the step-parent adoption done right and in a timely manner. Our experienced attorneys in Wauwatosa and Milwaukee, WI will help you with your adoption. Please give us a call at 414-259-9300. We offer our services in Wauwatosa, WI and surrounding Wisconsin areas including Milwaukee, Waukesha, Ozaukee, Washington, Racine and Kenosha Counties.