FLM 122 – Stepparent Adoption

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Hi, everyone. I’m Dr. Michael Mantell with another Family Law Matters. I’m always privileged to be joining Bonnie Rabinovitch-Mantel who is the founder and managing partner of Primus Family Law Group.

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Hi, Bonnie. Hi, Michael. How is your day today? My day is lovely today.

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I hope yours is. It is, thankfully. Good, good, good.

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We do have lots to be thankful for. Bonnie, today I’d like to talk a little bit about an interesting situation that comes up, thankfully, actually, for many couples who remarry. One member of the couple has children.

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The other member does not, or may have his or her own children, but has a wonderful relationship with the spouse’s children and says, why don’t I adopt those children? How, let’s talk about that. How much of an issue is that? Is that, are we seeing more of that today? You know, funny enough, step-parent adoption, we are actually seeing a little bit more. There’s very specific ways that that can happen.

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Obviously, if, you know, the other parent, the biological parent has a relationship with the child, that’s not gonna be a possibility. But if, for example, as sometimes happens, one parent is in a different country and has absolutely no contact with the child or wants to have no contact with the child, and this step-parent has come into this child’s life and has pretty much taken over that parental role, then yes, the courts will allow for step-parent adoption in those kinds of circumstances. So do I understand that the court can say no if the biological parent has a relationship with his or her child? Yes.

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Aha. Okay, so this is really a very specialized situation. It is.

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It’s gotta be where there’s very little contact or no contact from the biological parent that the step-parent has formed a lasting bond with the child, is willing to take over the financial support of that child because, excuse me, because willing to take over the financial support of that child to make sure the state doesn’t have to essentially pay for the child. So when those circumstances are present, yes, the court will allow you to adopt that child. And does the child, I imagine age is an issue, does the child have to be a willing partner in this? Yes, I want to be adopted by this, I don’t want to be.

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Not if the child is under 14. If the child’s under 14, then that will be what the court and the adults decide. When the child’s 14, they do have a say.

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And I try to really focus on, they have a say. They don’t make the decision, but they’re allowed to speak their opinion. Right, this must be a very uplifting experience, oftentimes, and sometimes if it doesn’t work the way the parent who wants to adopt is hoping it’ll work, it probably creates a lot of tension.

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And that’s where I imagine where psychological support can be a real benefit and value, yeah. Bonnie, people have questions about a step-parent adoption. How can they be in touch to learn more about this from you? Well, they can reach us directly at 619-574-8000.

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Or they can reach us online at www.primusfamilylaw.com. And both methods will get you onto my calendar for a free 30-minute phone consultation so we can see how we can make it happen for you. Sounds great, it’s very clear, I appreciate that. I’m sure there are many people who will give you a call for that free 30-minute consultation.

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We’ll appreciate your clarity and focus as well. We’ll see you next time, Bonnie. Thanks, Michael, see you as well.