A Guide to Handling Opposition From Biological Parents During Step-Parent Adoptions

Creating a family when one or both spouses have children from a previous relationship presents some unique challenges. Sometimes the bond between stepparents and their stepchildren is so strong that the family decides stepparent adoption is the best option for everyone. Adoption gives the stepparent all of the rights and responsibilities of a biological parent.

When a stepparent adopts their stepchild, the process is similar to other types of adoption. However, if one of the biological parents opposes the adoption, things can become complicated. This situation can be frustrating for everyone, especially when the opposing parent is not closely involved in the child’s life to begin with.

Can Stepparent Adoption Move Forward When a Biological Parent Is Opposed?

In Michigan, it is still possible to adopt stepchildren when a biological parent does not give consent. After a petition to adopt has been filed, the court can schedule an evidentiary hearing to examine whether the parental rights of the opposing parent should be terminated.

The stepparent seeking adoption must be able to prove four main points:

1. The stepparent’s spouse has been legally granted sole or joint custody of the child
2. The opposing parent has failed to provide financial support for two or more years
3. The opposing parent has failed to contact or visit the child for two or more years
4. The stepparent can provide financial support and will maintain a relationship with the child

The court will order an investigation that includes the biological family’s background, the stepparent’s background, and whether adoption is in the best interests of the child. If the opposing biological parent is found unfit, or if the investigation shows they have abandoned the child, the court can terminate their parental rights and clear the way for adoption.

Coping With Opposition

It’s natural to get upset if a parent has not met their responsibilities or, worse, won’t allow an adoption that would give their child stability and security. Outside of allowing the legal system to work, there is nothing you can do to force an opposing parent to terminate their rights.

Hiring a family law attorney with experience in stepparent adoptions is the best option. An attorney with experience in Michigan family law will be able to explore every legal avenue on your behalf.

These tips will help you, your spouse, and your children to cope with the situation and keep peace in your home:

• Stay in compliance with custody and visitation orders
• Document all communication
• Focus on your family’s well-being regardless of adoption status
• Don’t speak badly about the opposing parent in front of your stepchild

Adopting a stepchild is the best way to provide for their security and well-being now and in the future. However, getting a biological parent to terminate their parental rights can be a long and difficult process. Staying patient and positive will help your stepchildren cope with an uneasy situation.

Find Legal Help for Stepparent Adoption

The team at Gucciardo Family Law understands how frustrating it can be when an absent parent refuses to do what’s best for their child’s future. We’ll work tirelessly to build a case that proves stepparent adoption is the right choice. Call Gucciardo Family Law today for more information.