I want to adopt my granddaughter

[ConcernedL]

What is the name of your state (only U.S. law)? California

Hi,

I have power of attorney over my granddaughter (she has been living with me for 3 years now) and would like to adopt her. What do I need to do to make this happen?

Here is some background:

My granddaughter was living with her mother (she had almost no contact with my son) for the first three years of her life. Her mother was arrested and lost custody of my granddaughter. She was placed in foster care until they realized that my son, who was enlisted in the military at the time, was her bio father. The court placed her in my care (since he was active duty) and I was given power of attorney.

He got out of the military about a year ago, but he has barely any contact with his daughter. I would say about once a month. My granddaughter's mother comes around even less than that. I get no financial support from either of them.

I would like to adopt my granddaughter for many reasons. My son has agreed to relinquish his parental rights so that I can adopt her. I am fairly certain the mother will agree to it as well.

What needs to be done so that I can adopt her?

Thank you.

 

[Zigner]

You need an attorney, this is not a do-it-yourself project.

 

[Just Blue]

What is the name of your state (only U.S. law)? California

Hi,

I have power of attorney over my granddaughter (she has been living with me for 3 years now) and would like to adopt her. What do I need to do to make this happen?

Here is some background:

My granddaughter was living with her mother (she had almost no contact with my son) for the first three years of her life. Her mother was arrested and lost custody of my granddaughter. She was placed in foster care until they realized that my son, who was enlisted in the military at the time, was her bio father. The court placed her in my care (since he was active duty) and I was given power of attorney.

He got out of the military about a year ago, but he has barely any contact with his daughter. I would say about once a month. My granddaughter's mother comes around even less than that. I get no financial support from either of them.

I would like to adopt my granddaughter for many reasons. My son has agreed to relinquish his parental rights so that I can adopt her. I am fairly certain the mother will agree to it as well.

What needs to be done so that I can adopt her?

Thank you.

For what reason do you want to adopt?

 

[ConcernedL]

You need an attorney, this is not a do-it-yourself project.

I understand that. You need an attorney for any adoption proceedings to begin. What I am asking is what the process looks like. And can the parents relinquish their rights before I put the adoption paperwork through, after? or at the same time?

 

[Proserpina]

I understand that. You need an attorney for any adoption proceedings to begin. What I am asking is what the process looks like. And can the parents relinquish their rights before I put the adoption paperwork through, after? or at the same time?

^^^ This is why you need an attorney. No, seriously - you need an attorney. Then you can ask all of your questions without relying on a forum.

As a very general guide, the parents only relinquish their rights as part of the adoption proceeding.

 

[single317dad]

Pardon me for asking, but what is your age? How is your health?

The reason I ask is because state legislatures and courts have determined that it is in the public interest for the child to have parents (preferably two!) who are responsible for her upbringing. That's two chances for the state to hold someone responsible if the state has to step in and raise the child, as well as a much higher possibility that the child will have one or more living parents until she reaches adulthood.

None of this means you can't adopt your granddaughter, particularly with Mom and Dad's consent. It is, however, an issue that can be raised by the court, and may matter very much in the child's life.

 

[SESmama]

Why haven't you filed for CS from both parents?

 

[Just Blue]

I understand that. You need an attorney for any adoption proceedings to begin. What I am asking is what the process looks like. And can the parents relinquish their rights before I put the adoption paperwork through, after? or at the same time?

Please answer my posting. Thanks
Blue

 

[ConcernedL]

For what reason do you want to adopt?

For various reasons. For example, the power of attorney I have only lasts until December of this year. After that, I cannot legally enroll her in school, handle all of her medical appointments, etc. I do all of this as her parents are not around. I would also like to be able to include her in my health insurance plan at work, but because I am not legally her parent, they will not allow me to. My husband and I like to go on vacation and it would be difficult to travel out of the country with her if we have to track down her parents every time and ask them to sign a letter of consent. I know her parents do not plan on taking her back, it would be 100 times easier on my family if I could adopt her.

 

[ConcernedL]

Pardon me for asking, but what is your age? How is your health?

The reason I ask is because state legislatures and courts have determined that it is in the public interest for the child to have parents (preferably two!) who are responsible for her upbringing. That's two chances for the state to hold someone responsible if the state has to step in and raise the child, as well as a much higher possibility that the child will have one or more living parents until she reaches adulthood.

None of this means you can't adopt your granddaughter, particularly with Mom and Dad's consent. It is, however, an issue that can be raised by the court, and may matter very much in the child's life.

I understand. I am 50 years old and I have no health issues. I actually have a son who is 13. My other son and his girlfriend had this baby when they were just starting high school. Neither of them was prepared to have a child and they still aren't. My husband and I would be adopting her.

 

[Just Blue]

For various reasons. For example, the power of attorney I have only lasts until December of this year. After that, I cannot legally enroll her in school, handle all of her medical appointments, etc. I do all of this as her parents are not around. I would also like to be able to include her in my health insurance plan at work, but because I am not legally her parent, they will not allow me to. My husband and I like to go on vacation and it would be difficult to travel out of the country with her if we have to track down her parents every time and ask them to sign a letter of consent. I know her parents do not plan on taking her back, it would be 100 times easier on my family if I could adopt her.

Oy.^

Consult with an attorney.

 

[LdiJ]

For various reasons. For example, the power of attorney I have only lasts until December of this year. After that, I cannot legally enroll her in school, handle all of her medical appointments, etc. I do all of this as her parents are not around. I would also like to be able to include her in my health insurance plan at work, but because I am not legally her parent, they will not allow me to. My husband and I like to go on vacation and it would be difficult to travel out of the country with her if we have to track down her parents every time and ask them to sign a letter of consent. I know her parents do not plan on taking her back, it would be 100 times easier on my family if I could adopt her.

Getting sole custody would cover all of those issues without having to terminate their parental rights and responsibilities.

 

[ConcernedL]

Oy.^

Consult with an attorney.

I do not understand why everyone is assuming I do not already have an appointment with an attorney. My meeting with him is next week and I would just like some information on what to expect.

 

[ConcernedL]

Getting sole custody would cover all of those issues without having to terminate their parental rights and responsibilities.

Yes, I understand. However, her parents are very young and immature. They have mentioned wanting to give her up and I would like to adopt her before they have the chance to do anything stupid.

 

[LdiJ]

Yes, I understand. However, her parents are very young and immature. They have mentioned wanting to give her up and I would like to adopt her before they have the chance to do anything stupid.

If you have custody they would not be able to give the child up for adoption.