Step Parent Adoptions

The Michigan Supreme Court recently ruled that a parent who shares joint legal custody of a child may not petition for step parent adoption unless that parent can secure sole legal custody of the child first.  Prior to rendering of this Opinion,if you could meet the requirements for termination of the noncustodial parent’s rights under the “step parent adoption statute” you could obtain termination of the noncustodial parent’s rights and proceed with a step parent adoption regardless of how legal custody was determined.  Now a parent cannot petition for step parent adoption unless that parent secures sole legal custody first. 

 

If you are remarried and are the custodial parent and wish to pursue step parent adoption with your new spouse, you should speak with an attorney experienced in family law matters about how this ruling may affect you.