adopting step-daughter

[confusedstep]

What is the name of your state? Louisiana
I was wondering if I adopted my step-daughter, in the event that anything happen to my husband, can her paternal grandparent step in and take her from me?

 

[Cyan312599]

Reply to confusedstep

Unfornuately step parents do not have any rights, even if your married to the natural father of the child in question...does he have sole physical custody?.....

if the bio-mom is out of the picture then yes you may petition the court to adopt..no judge believes that a child should only have one parent.....but if bio-mom is not out of the picture the likely hood of her giving consent to you and your husband to legally adopt thats most likely not possible.

but it should be in the best intrest of the child...........as for paternal grand-parents they have rights too, and yes they can petition the courts for custody depending on how they feel in the childs best intrest and welfare, if they have any reason to believe the childs in danger, then the courts will hold a hearing first to show just cause why the child shouldnt be removed from yours and your husbands home.

my best wishes and good luck to you

 

[Lil Miss Smarty Panties]

Its my understanding that if you legally adopt a child then legally you are now that child Mom. Paternal Grandparent would be out of the picture.

 

[TxStep]

CHAPTER 4--OF ADOPTION
Art. 214. Reciprocal rights and duties of adopter and adopted

A. Married persons must concur in the adoption of another person. One of them cannot adopt without the consent of the other.

B. The adopted person is considered for all purposes as the legitimate child and forced heir of the adoptive parent or parents, including the right of the adopted person or his lawful descendants to inherit from the adoptive parent or parents or the relatives of the latter by blood or by adoption, and the right of the adoptive parent or parents or the relatives of the latter by blood or by adoption to inherit from the person adopted or his lawful descendants, in the same manner and to the same extent as if the person adopted were in fact the legitimate child of the adoptive parent or parents. The adopted child is a forced heir to the same extent as other children.

C. If the adoptive parent is married to a blood parent of the adopted person, the relationship of that blood parent and his blood relatives to the adopted person shall remain unaltered and unaffected by the adoption. Otherwise, upon adoption: the blood parent or parents and all other blood relatives of the adopted person, except as provided by Ch.C. Article 1264, are relieved of all of their legal duties and divested of all of their legal rights with regard to the adopted person, including the right of inheritance from the adopted person and his lawful descendants; and the adopted person and his lawful descendants are relieved of all of their legal duties and divested of all of their legal rights with regard to the blood parent or parents and other blood relatives, except the right of inheritance from them.

Amended by Acts 1948, No. 454,§ 1; Acts 1958, No. 514,§ 1; Acts 1978, No. 458,§ 1; Acts 1990, No. 147,§ 1, eff. July 1, 1990; Acts 1995, No. 1180,§ 1, eff. Jan. 1, 1996.

To me, this sounds like: you adopt her and maternal grandparents (and all other relatives on the mother's side) loose all rights to the child.

 

[confusedstep]

Yes, the biological mother is out of the picture. She died one year ago from cancer. I am concidering adopting my step-daughter because I am afraid if something should happen to my husband then my step-daughters paternal grandmother will come in and take her from me. This woman hates me, she hates the fact that I'm raising her granddaughter instead of her, and if something were to happen to my husband, she would definatly step in and take her away from me, and I would never see her again. Thank you for all of your replies, it surely helps with any information that is provided! All comments are welcome, and I can use all the help I can get from you guys, Thanks a million!!