Some couples wait years before getting the green light to adopt. This is (or at least, by all rights, should be) an exhilarating time. But the adoption process can also be exhausting, consuming emotional and financial resources. And life’s other stresses can add up as well.

What happens when a couple getting an adoption decides to part ways? Does the process necessarily terminate? If not, who gets custody of the child, and how does child support and visitation work?

The answers to these (and similar) questions depend sensitively on the details of your relationship, your financial situation and where you are in the adoption process. Getting a divorce will not necessarily ruin your chances, but it can greatly complicate matters.

Factors affecting your next steps can include:

  • The best interests of the child. If a court thinks that letting the adoption continue would present a hardship to the child in question, it will likely choose to halt the process.
  • The wishes of the birth parents. The birth parents may stipulate that they want the child to go to a stable, married family. Or the agency may put a stop to the adoption because of the anticipated divorce-related chaos. The birth parents may also decide to let the adoption continue with one or both custodial parents.
  • Special constraints on international adoptions. Some international adoption agencies impose specific rules about what kind of home can welcome a child.

Whatever you do, don’t stay married just because you want a child. It’s not fair to you, and it’s not fair to the child. Suspicious circumstances surrounding your divorce could result in the courts halting your adoption as well. Adoption during divorce can be tricky, but it is possible. For more information about protecting your Minnesota adoption process, contact us for a confidential initial consultation.

 

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Photo of Jason C. Brown Jason C. Brown

“I used to handle commercial litigation downtown, but it wasn’t very fulfilling. As Minnesota family law attorneys we have the privilege of helping people during one of the most challenging times they will face. This stuff really matters to our clients – and…

“I used to handle commercial litigation downtown, but it wasn’t very fulfilling. As Minnesota family law attorneys we have the privilege of helping people during one of the most challenging times they will face. This stuff really matters to our clients – and to us. We take pride in helping people move forward with their lives.”

Jason founded the Brown Law Offices, P.A. He has received national media attention for his work in the area of divorce and family law.

Jason Brown founded the Brown Law Offices, P.A., after clerking for the (now retired) Chief Judge of Minnesota’s Tenth Judicial District. He is an experienced trial lawyer, who handled a wide variety of cases (including civil commitment, criminal defense, probate, personal injury and commercial litigation) early in his career.

Today, Jason’s practice is dedicated exclusively to divorce and family law matters. He has successfully litigated against some of the more recognized family law attorneys in the Twin Cities. He has been named a “Super Lawyer” by Thomson Reuters, and one of the Top 100 Family Law Attorneys in Minnesota by the Society of Legal Advocates.

Jason is the former chairperson of the Family Law Section of the Minnesota Trial Lawyer’s Association, and taught divorce and family law coursework within the paralegal program at North Hennepin Community College. He publishes the Minnesota Family Law Blog, which has been recognized as a “Top 25″ by the Minnesota State Bar Association.

Local media appearances by Jason include WCCO Radio, KARE 11 Television, Fox 9 Television and WCCO Television. His national media appearances include NBC News, Time Magazine, USA Today and the Huffington Post.

Jason obtained his B.S., magna cum laude, from Minnesota State University, Mankato, and his J.D., cum laude, from the William Mitchell College of Law in St. Paul. While in law school Jason was a published staff writer and associate editor for the William Mitchell Law Review.

In addition to his work as a lawyer, Jason serves as a mediator, and court-appointed early neutral evaluator, in divorce and family law cases throughout Minnesota.

Outside of the office, Jason plays the bass guitar and serves on the Board of Directors at Northgate Church. He and his wife, Cynthia, also an attorney, have two boys.