• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can a grandmother adopt without father's consent?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kulaika

Member
I live in California.

Can a grandparent adopt a child with only the mother's consent, but not the father's? Alternatively, can a grandmother gain the mother's rights only, but not the father's, so that father and grandmother jointly share custody of the child? The father lives with the grandparents. He is listed as the primary caretaker and receives child support, but the grandparents are the ones taking care of the child. The father is not abusive or addicted but is legally blind and cannot work.
 


Just Blue

Senior Member
I live in California.

Can a grandparent adopt a child with only the mother's consent, but not the father's? Alternatively, can a grandmother gain the mother's rights only, but not the father's, so that father and grandmother jointly share custody of the child? The father lives with the grandparents. He is listed as the primary caretaker and receives child support, but the grandparents are the ones taking care of the child. The father is not abusive or addicted but is legally blind and cannot work.
No...Just no. Who are you in this situation?
 

kulaika

Member
I am the mother. I've read that you can sign away rights if there is someone who wants to take them, but if the father contests it, we would have to prove he is an unfit parent.
 

Just Blue

Senior Member
I am the mother. I've read that you can sign away rights if there is someone who wants to take them, but if the father contests it, we would have to prove he is an unfit parent.
The childs mother or the mother to the childs father (GM)?
 

Just Blue

Senior Member
Child's mother
Okay...So, to clarify, you wish to terminate your parental rights so that the paternal grandmother can adopt the child...thus the childs parents would be the biological father and his mother? Is that what you are asking? If not please clarify and try to limit the use of pro-nouns. Thx..
 

Just Blue

Senior Member
Yes, that would be ideal. Or if the grandmother could assume all rights, if that is possible.
Think about it. Do you really think a court would allow a child to have their father and his (fathers) mother listed as the childs parents? It would imply a incestuous relationship and create ....issues. Ain't gonna happen.

Why do you wish to terminate your parental rights? To get out of support payments?
 

kulaika

Member
The grandmother and I have spoken to some people at the court and our law library, and no one's suggested incest being a barrier. I don't see how that is an issue, as the parental grandfather is there too. Do you think there is a way either situation(joint custody or all custody to grandmother) is possible?

Yes. I signed the "abandonment papers" after I gave birth to the child but the grandparents didn't file for some reason.
 

Just Blue

Senior Member
The grandmother and I have spoken to some people at the court and our law library, and no one's suggested incest being a barrier. I don't see how that is an issue, as the parental grandfather is there too. Do you think there is a way either situation(joint custody or all custody to grandmother) is possible?

Yes. I signed the "abandonment papers" after I gave birth to the child but the grandparents didn't file for some reason.
What is the objective? Why do you want to see the GP with custody? To what end? And none of this can be done behind Dad's back...

Also...Is the child receiving any public assistance?
 

kulaika

Member
The grandmother wants adoption of the child because she's worried that the father will do something like take the child away from her. I want to give up my rights because I don't want to pay child support, would like to move, would like to be able to find another line of work(that probably would pay less).

The father is receiving assistance, but I don't think the child is. Just the child support.
 

Zigner

Senior Member, Non-Attorney
The grandmother wants adoption of the child because she's worried that the father will do something like take the child away from her.
Call the cops! Call CPS! DAD may someday wish to do as HE wishes with HIS child! How DARE the FATHER of the child even CONSIDER taking HIS child where HE wishes. The sheer audacity of it is unbelievable!
 

Just Blue

Senior Member
The grandmother wants adoption of the child because she's worried that the father will do something like take the child away from her. I want to give up my rights because I don't want to pay child support, would like to move, would like to be able to find another line of work(that probably would pay less).

The father is receiving assistance, but I don't think the child is. Just the child support.
Wow. Sorry to burst your self-centered bubble ...but you are legally obligated to support you child. You don't get to terminate your parental right to avoid support. You can move wherever you want...but you still have to pay support. It's rather disgusting that you and the grandmother are conspiring together to over-run the fathers rights.
 

kulaika

Member
The child is not happy with the dad, they'd rather stay with the grandmother, who has taken care of him since birth; the child is scared of him, as he's emotionally abusive. Dad cannot take the child away without amassing enough child support anyway, as he hasn't worked since 2011. Dad wishes to go find another idiot woman to take care of him.

I realize that I am legally obligated, but I wouldn't be if the grandmother were to adopt him. The father would still get to see the child whenever he wished, as he lives with the grandparents, he simply wouldn't be getting the extra money.
 

Just Blue

Senior Member
The child is not happy with the dad, they'd rather stay with the grandmother, who has taken care of him since birth; the child is scared of him, as he's emotionally abusive. Dad cannot take the child away without amassing enough child support anyway, as he hasn't worked since 2011. Dad wishes to go find another idiot woman to take care of him.

I realize that I am legally obligated, but I wouldn't be if the grandmother were to adopt him. The father would still get to see the child whenever he wished, as he lives with the grandparents, he simply wouldn't be getting the extra money.
Can I ask why you don't seem to have a relationship with your child yet seem to know what the child wants? How do you know all this?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top