A step-parent is a person who is married to the biological parent of a child, but is not himself a biological parent. While most people might assume that the step-parent would get parental rights simply by the fact that they are married to the child’s parent, in most courts, this is not actually the case. This is because in every family law case, custody ultimately comes down to the child, not the parents. San Antonio laws actually provides a way for step-parents to adopt the minor child while preserving the parental relationship of the parent to whom they are married.
An experienced adoption attorney can answer all your questions. Call us today at (210) 655-9090 to get the advice and representation you need for your step-parent adoption.
What Is The Process Of Step-Parent Adoption?
While the process of adopting a stepchild can seem simple, there are a lot of complexities that may arise throughout the proceedings. The first step that a step-parent must take, is to look at the requirements to adopt the child and make sure they hit each one. Under most laws, a step-parent may adopt a child under one of two situations. The first is if the step-parent’s spouse, who must be the parent of the person to be adopted, consents to the adoption. If the spouse fails to give consent, then the second option is the court must find that it is in the best interests of the child, and there is a need for the child to be under their care.
Will I Still Receive Child Support From The Biological Parent?
While adoption will protect the relationship between the stepparent and the child, there are some consequences and issues that arise as a result of this sort of adoption. The most obvious one is that, in most cases, the parental rights of the other biological parent will be terminated. When that happens, that parent will no longer be responsible for providing child support payments. While the step-parent adoption process can be complicated at times, talking with a skilled and compassionate attorney can help you navigate the proceedings.
How Do I Get Consent?
In San Antonio, the law is clear that people seeking step-parent adoption must first either obtain consent from the other parent, or terminate that parent’s parental rights before a step-parent will be able to adopt a stepchild. Funny enough, there are situations where consent may not be required. In some special cases, where the other parent terminated his own parental rights over the child in a prior proceeding, parties would not need to worry about the issue of consent.
Every adoption case is different, let our family law firm assist you with whatever step-parent adoption related needs you may have. Contact Laura D. Heard Law Firm Inc. today at (210) 655-9090.