Child adoption law in Mansfield, CT. regarding stepparent adoption was addressed by the state’s Supreme Court in 2014. The justices affirmed that the spouse of the stepparent must have sole custody of a child before the Court can terminate the other biological parent’s rights to remain a father or mother in the legal sense. This is obviously problematic if the stepparent wants to adopt the youngster and the biological parent is unwilling to voluntarily end his or her parental rights. In most situations, one parent does not have sole legal custody even if this individual has primary physical custody. Parents are generally expected to share legal custody and have an equal say in how to raise their children.
The first step may be to petition the court for full legal custody. This is most likely to be granted if the biological parent no longer has any contact with the child. Otherwise, if the individual is likely to end parental rights and allow the adoption to take place, the custodial parent’s lawyer may approach this individual with a letter making the request. If there is any dispute, those wanting to arrange the adoption may need to prove the individual has not maintained any sort of personal relationship with the youngster. Failure to make timely child support payments can be used as evidence as well.
If the biological parent tells the Court he or she is willing to give up legal parental rights, the child adoption law in Mansfield, CT. makes it easier for the stepparent and custodial spouse. The process now is more streamlined. This typically only occurs when that biological parent has essentially been out of the picture for a long time. The parent may not live in the same area or state as the child or may no longer participate in visitation. Being able to stop paying child support is sometimes an incentive when there is no ongoing relationship with the offspring.
After the initial legal proceedings are finished, the non-biological parent now can petition the court to adopt the stepchild. Visit Bates & Roper Attorneys at Law to start the process of adopting a stepson or stepdaughter.
