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In a lot of cases, a parent remarries after a divorce and contact with the ex-spouse becomes more limited. The ex-spouse may lose touch with his/her child, fail to pay child support, or fail to develop or maintain a relationship with the family. In such cases, the custodial parent may want their new spouse to adopt the children as their own. A new spouse may only adopt children if the former spouse’s parental rights have been terminated.
The termination of parental rights ultimately makes the parent/child relationship obsolete and severs any and all legal ties and responsibilities. Termination can be obtained through the consent of the former spouse/non-custodial parent. If the ex-spouse refuses to consent, a petition may be filed in court that considers the best interests of the child.
The parent who files the petition must prove certain criteria by clear and convincing evidence including:
· The child’s development or health has been or will be endangered by the other parent.
· The custodial parent cannot eliminate harm to the child posed by the ex-spouse.
· There have been previous attempts made to fix the circumstances.
· Terminating parental rights will prove more beneficial to the child rather than cause more harm.
The court will consider the evidence provided in the case and make the decision based on what’s in the best interest of the child. If parental rights have been terminated, the new spouse may freely adopt the child.
Please contact us to speak with a qualified and experienced divorce attorney who can inform you of your legal options in your state and protect your rights.
Additional information on child custody.
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