Legal Adoption Process For Step Parents
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Learn more about adoption in Michigan.
In Michigan, adopting a stepchild is a mechanism that blended families can use to safeguard the rights of the stepparents and the children to inheritance, child support, and custody.
Step-parent adoption assists in meeting the needs of children from single-parent homes or blended families. It designates the spouse of the parent who has primary custody of a child to take the role of an absent or incompetent legal parent. In other words, it enables stepparents to assume the position of the child’s legal parent, along with all the responsibilities and rights that the title entails.
Adopting a Stepchild in Michigan
While the adoption procedure in Michigan might be lengthy and full of paperwork, it is not usually as arduous when adopting your stepchild. Many stepparents form a relationship with their stepchildren and want to adopt them as their own.
Stepparents can submit a step-parent adoption application in the family division of the relevant circuit court to defend their rights and those of their stepchild. To accomplish this, the stepparent has to:
- Be married to the custodial parent
- Prepare the Adoption Petition and any necessary documentation
- Sign the adoption petition with the consent of the custodial parent
- Obtain recommendation letters for your stepparent adoption
- Provide the court with your work, income, and medical information
- Undertake a criminal background check
- Consult with a social worker for child placement to do a home study
- Get the non-custodial parent’s consent or terminate their parental rights
- Wait for the adoption to be legally finalized before ordering the Secretary of State to release a new birth certificate
As unbelievable as it may seem, this is just a simplified version of the standard adoption process. It is critical to note that to use this expedited route and avoid court supervision, you must be married to the parent who was given custody under Michigan adoption regulations.
Rights of Step-Parents in Michigan
Stepparents play an important part in their child’s welfare, support, and well-being. They help with schoolwork, look after the child at home, fulfill the family’s needs, and even represent the child’s interests while speaking with physicians and teachers. When everything is going well, there may be no distinction between your child’s biological parent and their step-parent.
However, when a dispute emerges, it brings up the question of whether stepparents have legal rights in Michigan. The simple answer is no. In Michigan, a stepparent is not considered a legal guardian. While the Equitable Parent Doctrine has a few exceptions, Michigan courts typically won’t grant any legal bearing to a bond between a stepparent and stepchild unless there was a stepparent adoption. This can become problematic when:
- The custodial parent passes away without designating the step-parent as guardian in his or her will
- The biological parent attempts to enforce custody and parenting time rights
- The custodial parent breaks off contact between the step-parent and the child during a divorce
- The stepparent refuses to help in providing for the child after the separation
- The stepparent dies without a will leaving the child without an inheritance.
Speak with a Michigan Family Law Attorney To Help
Adopting a stepchild is never an easy task, both legally and psychologically, and you want to be sure you have everything in order. The experienced attorneys at Goldman and Associates Law Firm are ready to aid and guide you through the process. Schedule a consultation now.