Stepparent adoption not possible in joint-custody case

Jun 26, 2014

Stepparent adoption just became more difficult in the state of Michigan.

Credit Michigan Supreme Court

The Michigan Supreme Court has upheld a state law that says a stepparent cannot adopt a child if the biological parents share joint custody.

In the decision, Justice Brian Zahra wrote that stepparents wanting to do so would have to be married to a spouse with sole legal custody of the child. That means going back to court and petitioning for sole custody before the stepparent can adopt. 

Debra Keehn is a family law attorney in Ann Arbor. She said the added legal step is going to make adoption more difficult for families.
 
"All of that takes a lot of time and a lot of money and it puts a big financial burden, I think, on a family who’s trying to increase the security of a child."
 
The court ruled in the case of a couple who divorced in 2009.

The mother remarried a year later and petitioned to have her new husband adopt her child. She argued that the child's father had not made contact or sent any money in over two years. But the ruling said she would have to petition a court for sole custody of her child before her new husband could adopt.

The court's decision was unanimous.

– Reem Nasr, Michigan Radio Newsroom