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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have had legal guardianship of my Great-Grandson last 4+

Customer Question

I have had legal guardianship of my Great-Grandson for the last 4+ years and looking to move forward with an adoption.
I am fit and willing to adopt my grandson. I am able to ensure his safety and meet his needs.
My granddaughter is the biological mother and the father is unknown.
I nor my grandson has had any kind of physical contact with his mother since March of 2015 (on his birthday). And prior to this time, he had not seen her since March of 2014 (again, around his birthday)
My granddaughter does not have a "legal job" and no real means to support him nor his brother who she also does not have custody of and who currently resides with another woman that she refers to as his grandmother in the state of California.
Prior to me filing for and getting legal guardianship over my grandson, he was passed from one family member to another(several of which are known drug abusers) on her mothers side of the family because no one person wanted the responsibility of caring for him.
My grandson has said on several occasions he is afraid his mother is going to try to take him away from me and this causes him great stress. I would like to take the stress out of his life and replace it with the security of him knowing he does not have to leave his home nor the people that love and care for him
I hope someone with this Law Group can offer me information or point me in the direction to get this adoption started. I am at the point where I would like to see what my options or rights are as a custodial grandparent and how to proceed.
Thanking you in advance for any helpful information that can be offered
Sincerely,
Paula White
Submitted: 10 months ago.
Category: Family Law
Expert:  LawTalk replied 10 months ago.

Good afternoon Paula,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

In order to adopt your grandchild you will need to petition the court, where the legal guardianship order is out of, for the adoption of your grandchild and for the formal termination of parental rights for the mother as well as the biological father. If the father's identity and whereabouts are truly unknown, then this will be a simple matter for your attorney to process. If your daughter objects to this adoption she may fight the petition for adoption and you will have to prove that she has abandoned your grandchild. The fact that she pays no support for her son, and has only seen him two times in the past couple of years will get you close to convincing the court that the adoption is in your grandson's best interest and that justice demands that the parental rights of your daughter and the biological father should be terminated for all time.

Adoptions where there is any disagreement over whether a termination of parental rights should be ordered tend to be complex and hard fought cases and you would be extremely well served if you retain a local adoption attorney to handle this process for you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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