Divorce/Child Custody

[Arianna01]

What is the name of your state (only U.S. law)? Arizona
I have been married for over 21 yrs. My husband and I are in the process of adopting my 2 yr granddaughter. I and the maternal grandma and he is the step grandpa. We are almost done with adoption, but I am interested to know what happens if I file for divorce and move to another state with my granddaughter? What would be the process and how can I make this happen if he is legally showing on the adoption documents? Will he be able to have legal rights, can I get him removed as the adoptive father at time of divorce?

No the adoption agency does not know. It has taken so long to finally get close to the end of this adoption, I was not sure if I should say anything or not to the agency? Rightfully I feel he shouldn't even have to rights to this child in the future.
Even though he's not the blood relative but will be the adoptive parent, I will still need to get permission to remove my own grandchild? So your saying once we both adopt he will have all rights just like if we had conceived the child ourselves?

 

[Just Blue]

What is the name of your state (only U.S. law)? Arizona
I have been married for over 21 yrs. My husband and I are in the process of adopting my 2 yr granddaughter. I and the maternal grandma and he is the step grandpa. We are almost done with adoption, but I am interested to know what happens if I file for divorce and move to another state with my granddaughter? What would be the process and how can I make this happen if he is legally showing on the adoption documents? Will he be able to have legal rights, can I get him removed as the adoptive father at time of divorce?

Does the agency or social worker know that you are planning a divorce?

No you can't remove his parental rights at the time of the divorce. And you will need either his permission or the courts permission to move HIS child out of state.

 

[LdiJ]

What is the name of your state (only U.S. law)? Arizona
I have been married for over 21 yrs. My husband and I are in the process of adopting my 2 yr granddaughter. I and the maternal grandma and he is the step grandpa. We are almost done with adoption, but I am interested to know what happens if I file for divorce and move to another state with my granddaughter? What would be the process and how can I make this happen if he is legally showing on the adoption documents? Will he be able to have legal rights, can I get him removed as the adoptive father at time of divorce?

No the adoption agency does not know. It has taken so long to finally get close to the end of this adoption, I was not sure if I should say anything or not to the agency? Rightfully I feel he shouldn't even have to rights to this child in the future.
Even though he's not the blood relative but will be the adoptive parent, I will still need to get permission to remove my own grandchild? So your saying once we both adopt he will have all rights just like if we had conceived the child ourselves?

If you finish the adoption with him as the father, then he will have all of the same rights (and responsibilities) that any natural father would have. Just as you will have the same rights (and responsibilities) that any natural mother would have.

Is this an adoption that involves social services? Who is the "agency"?

 

[Arianna01]

Ldij - Answer to your question

Yes my granddaughter was a CPS child. We went through all foster care classes, and now with an agency St Nicholas Adoption Agency.

 

[Ohiogal]

Yes my granddaughter was a CPS child. We went through all foster care classes, and now with an agency St Nicholas Adoption Agency.

You don't get to play musical daddies or terminate his rights because you have decided to divorce. Nor will you solely be making decisions about this child. Oh and by the way, your adoption COULD disrupt before it is finalized if the court and/or agency find out about the divorce.

 

[Arianna01]

Let me tell you something. You know nothing about me. I am asking questions because before we adopt I am trying to find out what is best for the baby. I raise three granddaughters and one I am adopting. Don't you dare think I'm not in the best interest of the baby. I have dealt with things for 21 years and now I am very afraid if I allow my husband to be the legal father of my granddaughter. If you ask me I am protecting her.

 

[Just Blue]

. You know nothing about me.

We know only that which you post.

I am asking questions because before we adopt I am trying to find out what is best for the baby.

Good. Okay.

I raise three granddaughters and one I am adopting.

If the children that you already raised didn't learn from you how to parent and take responsibility for their children...Why do you think you can do better with these grandchildren than you did with your own??

I have dealt with things for 21 years and now I am very afraid if I allow my husband to be the legal father of my granddaughter

Why on EARTH are you adopting this child with your hubby? If you believe that he isn't "fit" to be a daddy to this child...WHY are YOU adopting a child with him????

If you ask me I am protecting her.

From WHAT??????????

And answer my question. Did you discuss your pending divorce with the social worker? What did he/she say??