What Happens If You Decide to Divorce During an Adoption in Kansas?
As I have written before, single people can adopt here in Kansas. As we all know, there is a long history of married couples adopting here as well. But what if a couple in the midst of the adoption process decides that they want to divorce? Will that derail the entire adoption? The answer is not necessarily, but a mid-adoption divorce may complicate the adoption process significantly. Because I have received this question frequently, I wrote the following blog post to provide an overview of available options.
Attain the Help of an Adoption Attorney
Going from a couple adoption to a single adoption does not have to be an impossible challenge. To clear this hurdle, you will need to work with an experienced adoption attorney who can help you complete the adoption. I am also an experienced family law attorney and can advise you regarding your divorce as well. I have worked with numerous couples and individuals and helped them through both the adoption and divorce processes. Call McDowell Chartered at (316)-269-0746 to get the advice you need.
How to Divorce in the Midst of the Adoption Process
The biggest mistake you can make is to try to deceive the adoption agency about your divorce. Your divorce proceedings will be part of the public record, so they cannot be kept a secret. Moreover, there will not be any way to conceal your divorce during the home study process. Finally, lying to the placement agency and, eventually, the court will only destroy your credibility, and that could derail the adoption altogether. While it is extremely rare for a court to allow a birth parent to retract the relinquishment of their parental rights, lying about your marital status to the birth parent could give the court cause to take that extreme step. Having your adoption derail or having a court give your newly adopted child back to his or her birth parent is a nightmare situation to be avoided at all costs.
Accordingly, you need to be forthcoming about your change in circumstances and impending divorce. With the help of a skilled adoption attorney, you can convince the placement agency and court that you, alone can meet the child’s best interests. Being a single parent is a challenge, but millions of people do it every day. The important thing is that you can convince the placement agency that you can still provide the child with a stable and loving home.
If you are trying for a private placement adoption, you may need to spend quite a bit of time convincing the birth mother that you remain a good option for adoption. Biological parents usually want to have a couple adopt their child. You must now convince the biological parents that you continue to be a loving and stable home that can provide for their child’s needs. No one should stay in a miserable marriage to increase their odds of adopting a child. Adopting while single is an achievable goal, but will require expert legal advice to guide you along the way.
What Should I Do If I am Considering Adoption in Kansas?
Working with the help of an experienced Kansas adoption attorney can help you successfully navigate the adoption process, even if you are simultaneously considering a divorce. But you need to receive independent legal advice immediately, getting an adoption attorney with family law experience on your team is the first step to bringing a child into your home.
Call Tom McDowell at (316)-269-0746 to discuss any one of many types of adoption with a full-service adoption firm. Attorney McDowell is an experienced Kansas adoption attorney and can walk you through the complex steps you will need to take.
