Legal Question in Family Law in Texas
Divorce: custody of newly adopted child, adopted mother to remarry
After the one year trail period of our adopted son and daughter, my soon to be ex-wife filed for divorce only 30 days after the "no turning back point of our adoption". Emotionally, I am attatched to my son and daughter and want to know my options. I just found out that my soon to be ex had been dating this man for over 2 yrs. and planned to divorce me and marry him before we adopted. I know she waited to adopt first and play low key until it was final before she filed. What I fear now that she is planning to remarry is that I may lose out in full participation in their lives espicially if they move. I would like to gain custody, or at least insure a rewarding life with them and not be just the man who sends them a check every month from some far away city. What do you think are the possibilities for me and what laws and rules are there that govern adopted parents who divorce so quickly after the first year. It has only been 2 months since she filed and the kids have been with us less than 18 months
2 Answers from Attorneys
Re: Divorce: custody of newly adopted child, adopted mother to remarry
There is no difference in the rules governing adopted children as opposed to biological children in a divorce situation. You will all lose.
You must obtain aggressive representation in the divorce case to protect your custody and visitation rights to your children. It is not a given that she may move away from you whether or not she remarries, and take the children with her. You have certain basic rights as their legal father, but you must participate fully in the divorce to assert and protect them.
Good luck.
Re: Divorce: custody of newly adopted child, adopted mother to remarry
In my opinion, based on what you have provided, you will have an excellent chance to have a very active role in the raising of the child. In addition, your chances of obtaining custody might also be very good.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
