Regardless of the type of adoption involved in your divorce case – whether you and your spouse both adopted a child that was not biologically yours or a stepparent adopted a child that was the other spouse’s – the courts in California consider the adoptive parent the legal parent. This means that the case will proceed as any other child custody case.
First, the parents will have the opportunity to create their own parenting plan. If this doesn't work, the courts will choose the custody option that is in the best interest of the adopted child. There are a variety of custody possibilities:
Physical vs. legal custody. Physical custody means having the child under your roof. Legal custody is the right to make important decisions on behalf of the child, such as medical care and religion. The courts can award both types of custody to one parent or both parents, or divide types of custody between two parents.
Shared (joint) custody. Shared custody means that the adopted child will spend part of his or her time with one parent and part with the other parent. The exact time percentages will depend on the case. It may not be a 50/50 split if this is not practical or in the child's best interest.
Sole custody. Sole custody means that 100 percent of child custody goes to one legal parent. In this case – which is relatively uncommon in the California courts – the noncustodial parent may or may not have visitation rights.
Once a custody settlement or court-ordered custody agreement has been finalized, both parties must obey the order. It is possible, however, to request a child custody modification with a valid reason. If there is a substantial change in the child's life, such as one adopted parent getting arrested, the other parent can seek a modification of the original custody order from the courts.