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Are divorce custody proceedings different with adopted children?

On Behalf of | Oct 9, 2024 | Child Custody

In Texas, divorce custody proceedings for adopted children generally follow the same legal process as those involving biological children. However, certain unique factors can arise for parents based on the adoption background. 

Understanding these differences can help ensure the well-being of the child involved and a fair outcome for all.

The best interest standard in Texas

Texas law uses the best interest of the child standard to determine custody arrangements. Judges consider multiple factors when deciding what will benefit the child most. This includes the child’s emotional and physical needs, the stability of each parent’s home and any history of abuse or neglect. This standard applies equally to adopted and biological children, ensuring that the child’s well-being remains the focus in any case.

Adoption background and attachment

One difference that may come up in custody proceedings for adopted children involves their background and attachment to each parent. For couples who only recently adopted a child, the court may consider how much time the child has spent with each parent. A child who has lived with both parents for an extended period may have a stronger attachment to both, influencing the judge’s decision on the sharing of custody.

The court may also look at the child’s history of attachment, trauma or special needs. These might be especially relevant in cases of international adoption or adoption after a period of foster care. 

While the legal framework for divorce custody in Texas is the same for both adopted and biological children, judges will carefully examine the specific circumstances of an adopted child’s background and emotional needs. The goal in all cases is to ensure the child has a stable, supportive environment that promotes their best interests.

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