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Second marriage with children | How can an attorney help?

Sep 13

A couple who is divorced with children and planning a second marriage must be aware of the legal implications. A second marriage brings up questions and possible issues with custody, child support, finance, not to mention any issues there may be with the previous marriage. If you are considering a second marriage with children, a family attorney in Alabama will be able to guide you through each step of the process.

How Can My Second Marriage be Validated?
When committing to a second marriage, one must ensure that the first marriage has been annulled and that it was indeed a successful divorce. Each party is allowed to be married to only one person at a time. The failure to legally end the first marriage results in the second marriage being voided in the eyes of the court.

If you are engaged to be married for the second time, it is a good idea to verify court records that show your first marriage was successfully dissolved. Your partner should also do a check of this sort to be sure that bigamy does not get in the way of the new marriage.

When a Custodial Parent Remarries
The biggest concern when the custodial parent remarries is how the child will adapt to their stepparent in the new home. It may be beneficial to rethink the child custody agreement in place. The child support payments may also have to be rearranged. It may be the case that the new spouse may be able to financially support the child.

Stepparent Adoption
It is natural for stepparent to adopt their spouses’ children once the new family unit is formed. In this case, the second spouse legally adopts the children of the biological parent. These types of adoptions are much easier than conventional ones. This is more likely to happen when the other biological parent of the child is not involved in his/her life. State statutes allow only two parents for the child, which means that if the adoption occurs, the other biological parent will have to give up their parental rights.

Consulting an Attorney About Your Second Marriage
It is important you understand your responsibilities and legal rights before remarrying and that you take into account the wellbeing of your children. Working with an Alabama family lawyer will help you decide how your child’s custody and adoption options can benefit your family, and how property can be categorized under the law. An experienced legal team will help you defend your assets and help you exercise your rights.