FAQs About Adoption, Divorce & Child Custody in Georgia

There is no simple part of adoption, divorce or child custody in Georgia. In every situation, working with a Gwinnett County family lawyer, like a professional on our team, is recommended. The nuances of your case could play a role in what your legal options and limitations are.

To help you get some answers to your questions, read on. Keep in mind that a Georgia child custody and adoption attorney from Attorney Sharon Jackson is available to discuss your needs with you no matter what you are going up against. Here are some common questions and concerns you should know about if you are in this legal situation.

When a child is adopted in Georgia, their adoptive parents become their legal guardians with full rights. That means that the adoptive parents now have the same parental rights as a biological parent would have over that child. Adoption is, in many ways, then, an equal in the eyes of the court as biological parents.

There are some nuances that must be taken into consideration. Consider these situations carefully.

• Was the adoption finalized? In order for the following scenarios to exist, the adoption must be finalized. That means that the adoption was finalized in a court decision.
• What pre-existing custody agreements exist? In situations where a pre-existing custody agreement existed with the biological parents, it may be necessary to have those rights reviewed prior to any rules being enforceable. This may include situations related to grandparents' rights.
• Was there a contested adoption? Though it is rare, there are cases when the adoption was contested. A biological parent may contest the adoption. In these situations, it is critical to seek out the help of a family law attorney immediately.

8 FAQs About Adoption, Divorce and Child Custody in Georgia 

Assuming the above applies, the rights of the adoptive parent are as follows:

1. Adoptive Parents’ Rights

The adoptive parents have the same rights and responsibilities as the biological parents when it comes to child custody. That means that in a divorce, adoptive parents are given equal footing to biological parents.

2. Decision Making Authority

Adoptive parents are able to make all decisions for the child as a biological parent would. This includes decisions about the child’s:

• Upbringing
• Education
• Healthcare
• Religion

They do not need permission or have to be in agreement with the other parent even if the other parent is a biological parent.

3. Standard Custody Considerations

When it comes to cases of divorce between adoptive parents, Georgia courts consider the same factors when making custody decisions as they would with biological children. In other words, there is no difference in the court’s view over the rights of the adoptive parents. When making such decisions, the court will look at factors such as:

• What is in the best interest of the child
• What are the child’s needs
• What is the parent-child relationship like
• What stability does each party bring to the child’s life

These are the same factors that are used to make decisions about child custody when biological parents divorce. The court weighs them equally in that way.

4. Legal Representation

Because of the complexities of adoption and divorce, it is always recommended that parents seek out the help of an attorney. Working with a Georgia child custody attorney is critical for several reasons:

• It enables you to learn what all of your legal options and rights may be
• It aids in reducing the risk that your adoptive rights will be infringed upon by the court or other party
• It can protect your relationship with the child

When you are facing divorce, and you adopted a child, having an attorney who can provide you with hands-on insight and support is critical. Arm yourself with legal representation that can help you to protect your future. It can make an incredible difference.

5. Does an Adoptive Parent Have the Same Rights as a Biological Parent After Divorce?

Yes, the court views a finalized adoption of a child as equal footing to the biological parent. That means that, if a divorce were to occur, the court would consider both parents equally as having rights to visitation and custody of the child.

6. Can a Parent Withhold a Child That You Raised as Your Own Even if You Did Not Adopt Them During a Divorce?

If you are a step parent, but did not adopt the child, you are not given the same level of right to the child in a divorce. In situations like this, the court will consider what is in the best interest of the child, though. For that reason, it is paramount to seek help from a Gwinnett County family lawyer who can work to protect your rights in these situations.

7. Can Adoptive Parents Make Decisions for a Child’s Custody Together in Divorce in Georgia?

It is always in the best interests of all parents when parents – adoptive or not – come together to make key decisions for a child. That includes coming to an agreement on the child’s custody and visitation. If you can work together to come to an agreement on where the child lives, how the child sees both parents and how financial support is aligned, then this is often something the court will agree with – unless there are circumstances that make it too risky for the child.

8. Does a Biological Parent Have the Ultimate Right to Make Decisions About a Child Over an Adoptive Parent?

No, in Georgia, the court provides the same rights to the decision making for an adoptive parent (assuming the adoption was formalized in court) as it provides for a biological parent. Unless you can show that the other parent was not fit or there is reason why that parent should not receive visitation or custody, the court is likely to grant it.

Learn More About Adoption In Georgia: 

• Ultimate Guide To Adoption in Georgia
• FAQs About Domestic Adoption In Georgia 
• Adoption and Father's Rights in Georgia

Getting Help from a Family Law & Adoption Attorney Is Critical

If you are facing questions about child custody after adoption and divorce, reach out to Attorney Sharon Jackson LLC for support. As experienced Georgia child custody attorneys, we can help you protect your rights and your family. Call us at 678-436-3636 today.