If your nontraditional family has or is planning to have a child, the best option to protect your rights and those of the child is a second parent adoption. Second parent adoption is a legal procedure that allows a second parent to legally adopt the child without terminating the rights of the first parent. Read more about second parent adoption here.
For some, second parent adoption is not possible because state law doesn't allow it or because another parent is involved. For example, say Chris has a child from a prior marriage to Michelle. Michelle is still legally recognized as a parent of the child. As long as Michelle has parental rights, a second parent adoption by Chris's partner is not possible. Similarly, second parent adoption is not available where a sperm donor or surrogate biological mother retains parental rights.
The next best option is to state the couple's intentions with regard to children in a shared parenting agreement. These agreements are not likely to be enforced by a court; instead courts assess what is in the best interest of the child. However, the agreement may help guide the court by establishing the relationship between the child and the partners. A shared parenting agreement should address:
- The parties' intent to mutually raise the children and share rights and responsibilities
- Day-to-day care of the child - how decisions are made and how expenses are shared
- Which parent will claim the child as a dependent for income tax purposes
- Whether one or both will name the child as beneficiary under life insurance policies
- Custody, visitation, support should the relationship end
- How disputes under the agreement are to be handled - mediation, arbitration etc.
The process of drafting a shared parenting agreement allows the partners to fully discuss their expectations and may help them deal with disputes when they arise.
Technorati Tags: Alternative Family, Domestic Partnership, Nontraditional Family
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