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Potential Issues in Regard to Marriage, Followed by Adoption, and Then Divorce

There can be potential issues for clients who marry, having children from prior relationships before the marriage. Once the parties marry, they sometimes consider adopting the child or children of their new spouse. If that were to occur, the parties need to be cognizant of potential issues.

The adoptive child or children would then have the same rights as a natural child of the adoptive parent, including in terms of inheriting from the adoptive parent pursuant to any intestate succession statute, as well as having any other rights that a natural child would have. In the even of divorce, including relating to issues of custody and child support, the adoptive parent would have rights and/or obligations relating to custody, visitation and child support, just as would the parent who came into the marriage with said child or children.


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