After divorce, your ex might remarry, and their new spouse might decide to adopt and gain parental rights over your children. However, if your ex’s new spouse successfully does so, you will likely lose parental rights to your kids.
Giving up your parental rights
Some stepparents decide to adopt their spouses’ children from a previous partner. They usually need to secure written permission from the children’s other parent to do so. In this document, the other parent essentially relinquishes their parental rights to their children.
Terminating parental rights generally ends a parent-child relationship. This often means you do not have to pay child support. However, it also usually means you can no longer decide about your children’s education, medical needs and upbringing. You might also lose the legal right to visit or contact your children.
Generally, adoption may not occur if you do not give up your parental rights. Therefore, some parents who want to contest an adoption simply refuse to provide their consent.
Regaining visitation rights
You might be able to petition the court to retain or reinstate your visitation privileges after you give up your parental rights, but doing so usually entails a long and difficult legal process. To succeed, parents often have to prove that they should be able to visit because of exceptional circumstances, like if preventing visitation will cause psychological harm to the children.
Consenting to your children’s adoption often has complicated implications. Consulting a family law attorney will help you understand how it will affect your relationship with your children. Thus, it might help you make informed decisions that protect your and your children’s rights.
