Legal Question in Family Law in California

I have a friend who is in a marriage, but doesn't want to be. She has adopted her sisters child with the man that she is married to. She tells me that if her and her husband get a divorce than the adoption will no longer be valid, that they will loose the little girl. She says it is because the biological mother of the child is still alive. Does this sound like it could be part of an adoption ruling? How an the courts take a child out of the home that has raised her for the whole 6 years of her life, just because they want a divorce? I just want my friend out of the marriage if she isn't happy. That can't be any worse for the child than to see her "mother" happy?


Asked on 6/23/10, 7:18 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Once an adoption is complete, the adoptive parents are the adopted child's parents for all intents and purposes. The only order from a court that would terminate this status is a termination of parental rights, which occurs in dependency proceedings. If she gets divorced, she will be treated as a parent just the same as a biological parent. She will have the same child support, custody and visitation issues as a natural parent.

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Answered on 6/24/10, 3:38 pm


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