In this answer · 3 sections
Your question, explained
Yes, but the existing custody order is an important factor. Here's how it works:
If there's a custody order giving the bio parent visitation:
- The adoption petition asks the court to terminate the bio parent's rights, which supersedes any custody order
- If the bio parent has been following the custody order (regular visits), establishing abandonment is harder
- If the bio parent has NOT been following the order (no visits despite having the right), this actually SUPPORTS abandonment
If the bio parent has joint custody:
- Joint custody doesn't prevent adoption, but active involvement makes it more complex
- If they're truly involved, adoption requires their consent
- If they have joint custody on paper but are absent in practice, abandonment can still be established
Important: A custody order that exists on paper means nothing if the parent isn't actually exercising their rights. Courts look at reality, not just paperwork.
After adoption:
- The custody order is terminated
- The stepparent becomes a legal parent
- New custody arrangements (if any) are between the two legal parents (your spouse and you)
Bring your existing custody order to our attention in the questionnaire. We prepare documents accordingly.
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Published by Douglas Brown & the StepParent Adoption 360 team
Adoption document specialists · 25+ years of experience · 34,000+ families helped.
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