If you and your spouse adopted a child together and are now facing a divorce, you may wonder whether the adoption changes anything about how custody will work. It is a fair question that this post will address.
Adopted children hold the same legal standing
Under Ohio law, once a court finalizes an adoption, the adopted child holds the same legal status as a child born into the family. The adoption decree establishes a parent-child relationship for all purposes, treating the minor exactly as if they had been born to the adoptive parents.
Once the adoption is final, both parents stand on equal legal footing regarding their rights and responsibilities. This standing does not weaken, expire or change simply because the marriage later ends in divorce; judges treat the custody determination exactly as they would for a biological child.
The “best interest of the child” standard applies equally
Similar to biological children, Ohio courts decide custody based on what serves the best interest of the child. This evaluation can include:
- The wishes of each parent regarding the child’s care
- The child’s relationship and interactions with each parent, siblings and other important people in their life
- The child’s adjustment to their home, school and community
- The mental and physical health of everyone involved in the situation
The judge may also consider each party’s willingness to support the child’s relationship with the other parent. A judge can weigh any relevant factor that has a bearing on the minor’s well-being.
What this looks like in an Ohio divorce or separation
When parents of an adopted child go through a divorce, the process mirrors what any other family experiences in Ohio. The court considers the same evidence, applies the same legal standards and makes custody decisions using the same framework.
Both parents may pursue shared parenting, which is the state’s version of joint custody. Under a shared parenting plan, judges designate both parents as the residential parents and legal custodians who share decision-making responsibilities for the child.
If shared parenting is not a good fit, the court can designate one parent as the residential parent and legal custodian. The other parent typically receives parenting time, so the child can maintain a meaningful relationship with both parents.