Getting The Court Representation You Deserve

If you are really close to your grandchild and providing more care than the legal parents of the child are providing, then you might be thinking about adopting your grandchild. In reality, however, this process is much harder than many grandparents imagine. The courts, as a rule, do not like taking custody away from birth parents unless it is for a very good reason — like abuse or neglect. Here is a closer look at what adopting your grandchild might involve, and situations in which it might be a realistic option.

Are the birth parents desiring to give up rights?

If the birth parents desire to give up parental rights to the child, then you will have a somewhat easier time adopting your grandchild. As with any other adoption, you would need a lawyer. They would draft a formal adoption agreement specifying that you will become the child's legal guardians, and terminating all parental rights of the birth parents. You could choose a closed or open adoption. A closed adoption is one in which the birth parents do not receive any information or updates about the child. An open adoption is one in which the birth parents do receive pictures and information, and perhaps even visiting rights. In most cases, when you are adopting your grandchild, you will opt for an open adoption unless you have a very good reason to keep the birth parents away from the child completely.

Are the birth parents abusive or otherwise unfit?

If one or both of the child's birth parents do not wish to give up parental rights, then you are faced with a much more complicated situation. The court may terminate one parent's rights if they are abusive or unfit, but then they will want to just reward custody to the other parent -- not to the grandparents. In order to adopt your grandchild, you will have to demonstrate to the court that both birth parents are unfit, which can be really difficult.

A parent will probably not be deemed unfit by the court just because their home is a bit messy, they have different religious values than you, they don't feed the child the diet you'd prefer them to feed, and so forth. There needs to be real documented abuse, drug use, neglect, or untreated mental health issues. If you think you do have evidence of such issues in both parents, then meet with a family adoption attorney. The road towards adopting your grandchild may be a long one, but with sufficient evidence, it can be done.