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  #1  
Old 01-02-2008, 10:36 AM
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Grandparents rights in adoption

What is the name of your state? AL

I've had a person tell me that I need to have the consent of my deceased ex's parents in order for my husband to do a step parent adoption, and then have had another person say that I don't. Anyone here know which one is right? I've read the code of Alabama concerning adoptions, and I can't find anywhere where it says that.

Also, am I required to have a lawyer? A lawyer told me that I don't but on the county website it says I do. I think its referring to unrelated adoptions.

[url]http://www.co.madison.al.us/probate/adoptions.shtml[/url]
Last edited by Carrabas; 01-02-2008 at 10:39 AM.
  #2  
Old 01-02-2008, 10:48 AM
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You do not need the grandparents' consent.

An exception might be if they have any legal status, as legal guardians, etc. That certainly doesn't seem to be the case here, I'm just trying to cover the bases.
  #3  
Old 01-02-2008, 04:14 PM
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Quote:
Originally Posted by Clt747 View Post
You do not need the grandparents' consent.

An exception might be if they have any legal status, as legal guardians, etc. That certainly doesn't seem to be the case here, I'm just trying to cover the bases.
You were wrong, I just got back from the courthouse and they turned me away and said I needed the grandparents consent. They aren't legal guardians nor do they have and legal status as far as I know, but I still need their consent.
  #4  
Old 01-02-2008, 04:25 PM
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Originally Posted by Carrabas View Post
You were wrong, I just got back from the courthouse and they turned me away and said I needed the grandparents consent. They aren't legal guardians nor do they have and legal status as far as I know, but I still need their consent.
WHO is "they" at the courthouse? What do you mean, they turned you away??

An adoption is never a do-it-yourself project. You NEED an attorney.
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  #5  
Old 01-02-2008, 04:27 PM
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Originally Posted by Silverplum View Post
WHO is "they" at the courthouse? What do you mean, they turned you away??

An adoption is never a do-it-yourself project. You NEED an attorney.
the clerks, they told me I couldn't file without the grandparent's consent.

I've done a custody battle pro-se, but I can't do a simple step- parent adoption?....all I need is the consent and its filed....no problem.
  #6  
Old 01-02-2008, 04:30 PM
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Originally Posted by Carrabas View Post
the clerks, they told me I couldn't file without the grandparent's consent.
Clerks are not attorneys, nor are they judges. Tell them you want the citation of law that requires the grandparents' consent.
Quote:
Originally Posted by Carrabas
I've done a custody battle pro-se, but I can't do a simple step- parent adoption?....all I need is the consent and its filed....no problem.
If it's not perfectly done, it can be challenged later. Turned over on a technicality, so to speak.

For one reason, you haven't been able to file your petition. The clerks have managed to block you. An attorney would've walked right over them.
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  #7  
Old 01-02-2008, 04:34 PM
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I found this on another site. [url]http://www.divorcesource.com/ubbthreads/showthreaded.php?Cat=0&Number=286440&page=0&vc=1[/url]

(c) Any grandparent may intervene in and seek to obtain visitation rights in any action when any court in this state has before it any question concerning the custody of a minor child, a divorce proceeding of the parents or a parent of the minor child, or a termination of the parental rights proceeding of either parent of the minor child, provided the termination of parental rights is for the purpose of adoption pursuant to Sections 26-10A-27, 26-10A-28, or 26-10A-30, dealing with stepparent or relative adoption.

I'm just a ninny and could be wrong, but I read this as that you don't need permission, but they have the right to file visitation if you proceed with the adoption.
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  #8  
Old 01-02-2008, 04:38 PM
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Originally Posted by Silverplum View Post
Clerks are not attorneys, nor are they judges. Tell them you want the citation of law that requires the grandparents' consent.

If it's not perfectly done, it can be challenged later. Turned over on a technicality, so to speak.

For one reason, you haven't been able to file your petition. The clerks have managed to block you. An attorney would've walked right over them.

I did get the citation actually, the lawyer I considered hiring wouldn't of made it any further, she told me I didn't need the consent.

Regardless, I'm not going to hire a lawyer unless its necessary. This isn't going to be contested.
  #9  
Old 01-02-2008, 04:43 PM
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Quote:
Originally Posted by Carrabas View Post
I did get the citation actually, the lawyer I considered hiring wouldn't of made it any further, she told me I didn't need the consent.

Regardless, I'm not going to hire a lawyer unless its necessary. This isn't going to be contested.
So what is the citation?
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  #10  
Old 01-02-2008, 05:00 PM
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I just read the Alabama Code (Section 26) regarding adoptions.

The Alabama Code includes a list of the persons whose consent to adoptions are required. Grandparents are not included in that list.

There is another list which specifically lists those whose consent is not required, including “a deceased parent or one who is presumed to be deceased under Alabama law”, which seems to preclude his parents acting on his behalf. In any case, one cannot “will” a child, so I would presume one cannot will the rights to a child, either.

There is, however, another list which specifies who must be notified of the petition for adoption, and grandparents are on that list. This seems to be, however, related to a separate code that provides for grandparents’ visitation rights in the event of adoption by a stepparent. (This also seems to be in line with Rushia's post).

I may be missing something, or interpreting something incorrectly, but it seems clear to me. Read the Alabama Code for yourself. It’s all in Section 26. You’ll notice there are very specific guidelines as to how an adoption must proceed, so you really should at least consult an attorney and, if at all possible, allow him to do this for you. Silverplum makes an excellent point. Hell, I'm not even a lawyer and if I'm right, I walked right over them.

Bottom line: apparently they must be notified, but their consent is not required.
  #11  
Old 01-02-2008, 05:02 PM
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Rushia and Clt are, regardless of gender, STUDS!
That was some amazing quick research, you two.
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  #12  
Old 01-02-2008, 05:02 PM
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Quote:
Originally Posted by Rushia View Post
I found this on another site. [url]http://www.divorcesource.com/ubbthreads/showthreaded.php?Cat=0&Number=286440&page=0&vc=1[/url]

(c) Any grandparent may intervene in and seek to obtain visitation rights in any action when any court in this state has before it any question concerning the custody of a minor child, a divorce proceeding of the parents or a parent of the minor child, or a termination of the parental rights proceeding of either parent of the minor child, provided the termination of parental rights is for the purpose of adoption pursuant to Sections 26-10A-27, 26-10A-28, or 26-10A-30, dealing with stepparent or relative adoption.

I'm just a ninny and could be wrong, but I read this as that you don't need permission, but they have the right to file visitation if you proceed with the adoption.
Ya, i read the same....but there is another area of the code which I had pulled up,but have lost it...i'll try to find it again...
  #13  
Old 01-02-2008, 05:13 PM
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Originally Posted by Silverplum View Post
Rushia and Clt are, regardless of gender, STUDS!
That was some amazing quick research, you two.


Whoohoo! I have reached stud statis!
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  #14  
Old 01-02-2008, 05:15 PM
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Originally Posted by Rushia View Post
Whoohoo! I have reached stud statis!
Deservedly so.
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  #15  
Old 01-02-2008, 05:18 PM
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Originally Posted by Silverplum View Post
Deservedly so.
Might some rum pudding be headed my way?
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