Grandparent Adoption Lawyers
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
I Wish to Assume a Parental Role for My Grandchild. How is Adoption Different from Other Types of Parental Arrangements?
In discussing parental arrangements, three common terms to consider are adoption, guardianship, and custody:
· Adoption: An adoption legally terminates the relationship between the previous parents and the child. It creates a new parent-relationship between the child and adopting parent, in your case the grandparent. If the parents are still living, they relinquish all rights and financial responsibility for the child.
· Guardianship: This means that a person is granted “authority” over the child by the natural parents. It does not involve significant changes in the child’s paperwork such as a name change. Guardianship is often designated in a will and enforced when the parents pass away.
· Custody: Custody is less of a parental arrangement but rather refers to the division of responsibilities and visitation rights between parents. Usually applies to situations involving divorce or legal separation.
Depending on your situation, adoption may be the ideal choice. The main characteristic of an adoption is that it effectively severs the previous relationship between child and natural parent. Essentially, you will no longer be a “grandparent” for legal purposes but will be considered as the child’s actual parent.
What are Some Common Reasons for Grandparent Adoption?
The main reason why a grandparent would adopt their grandchild is that the natural parents have become incapacitated or are deceased. In such cases it becomes favorable for a new parent/child relationship to be formed. Other common reasons are:
- Divorce of natural parents
- Child abuse, neglect, or abandonment by a parent
- Incarceration of supporting parent
- Unemployment/financial incapacity of parent
Are There Different Types of Adoption Available? What Does the Adoption Process Entail?
Yes, some different types of adoption are:
- Kinship Adoptions: Adoption by a family member or relative. Grandparent adoption falls into this category.
- Closed Adoption: Does not provide for contact between the child and previous parents.
- Semi-Open Adoption: The previous family has some communication with the child.
- Open Adoption: Allows contact but not enforceable by law in some situations. May become “open” or “semi-open” at any time.
The adoption process usually involves such procedures as filing a petition in court, granting notice to the parents (if they are available) and attending a hearing where a judge finalizes the adoption decision. Consult with a lawyer for more details on procedures.
As a Grandparent, is Adoption right for Me and My Grandchild?
As a grandparent, you are subject to special considerations with regards to adoption. Some pros and cons of adopting in your situation are:
- Pros:
- You will probably be preferred over other adopting parties, especially if you already have an existing emotional bond with the child. Adoption would simply make legal an already existing parental-type relationship.
- You will likely not be required to go through an adoption agency, since you are the child’s grandparent. This will significantly reduce costs.
- The child would not have to adjust to drastic changes in family members and social contacts.
- Cons:
- Adoption is permanent, final and decisive. It involves erasure of the child’s previous parental history and can involve much paperwork such as name changes.
- It is more expensive than other options such as guardianship.
- Grandparents sometimes have their own individual challenges that may affect their ability to raise a child (such as financial hardships or a physical disability)
- Sometimes disallows contact with previous parents, though this may be the entire point of the adoption in some cases.
Should I hire a Lawyer to help me with my Grandchild Adoption?
Adoption laws vary widely from state to state. For this reason, the services of a competent attorney can be indispensable in filing an adoption claim. Also, if your adoption process involves a dispute or is being contested by the natural parents, a lawyer can help you present your case as to why you should be the legal parent of the child. Many family law attorneys specialize in the laws governing grandparent adoption.
Consult a Lawyer - Present Your Case Now!
Last Modified: 07-13-2010 11:36 AM PDT
