An adoptive parent has the same rights as the biological parent, and neither has a preference in matters of custody. Custody will be decided the same way as every other custody case, taking into account the relationship of each parent with the child, the preference if any or appropriate of the child, the availability and flexibility of the parents, the balancing of time with both parents and then for the child the best of what both parents has to offer in terms of time and quality of time, and the like.
How is custody handled if there was never a formal adoption?
This can be a difficult situation where there has been no formal adoption but a couple has raised a child together for many years. Even though the “second parent” may not technically have specific legal rights as parent, the court will likely look at the quality and duration of the relationship between the “second parent” and the child.