Many grandparents find themselves raising a grandchild these days, for any of a number of reasons. Each family finds different solutions that seem to work, depending on how involved the child’s birth parents are.
But sometimes you come to a point where you wish you could adopt your grandchildren so that you can truly feel like a family. Or maybe are you worried that the day will come when your son or daughter will change their mind and take your grandbaby away. There are several legal options that might work for your family.
Do I have options besides going to court?
You don’t necessarily have to go to court to be in charge of raising your grandchild. In California, you can enroll a child in school and obtain medical care for them even if you are not a parent or legal guardian. For example, you might be able to have the parent sign a “Power of Attorney for a Minor Child.” Or, as a grandparent, you can sign a “Caregiver’s Authorization Affidavit” without needing either parent’s signature. However, if you are in contact with the parents, you will need to get their permission.
Having an informal arrangement may have worked for you in the past, but if the uncertainty of the situation is weighing on you, it may be time to look into a more permanent legal status. More people are familiar with adoption, but guardianship may also be a good option in some circumstances.
Guardianship
Guardianships occur when the court appoints an adult (other than a parent) to take care of a child. Unlike adoptions, the parents’ rights are not terminated completely, and the guardianship is not permanent. A probate guardianship automatically ends when the child turns 18. It could also end if the guardian, the child (after age 12), or the parent petitions the court. In that case, the petitioner must convince the court that it is in the child’s best interest to end the guardianship.
If the parents are still involved in their children’s lives and are unwilling to give up their parental rights, guardianship can be a good alternative to adoption. In addition to retaining their rights, a parent still has the obligation to help provide financial support for their child, if possible.
Adoptions
When an adoption takes place, the birth parents’ rights are completely terminated, and the adoptive parents have a permanent relationship—and obligation—to the child. You will need to either obtain permission from the birth parents to voluntarily terminate their rights, or you will have to go to court to have their rights terminated. You will also have to pay to have a home visit and a criminal background check before you can go to court to have the adoption finalized. There are more legal hoops to jump through, but in the end, you have permanent legal rights.
What does the future hold for your grandfamily?
If you still have questions about the best option for you and your grandchildren, come in and talk to an experienced guardianship and adoption attorney at Kendall Gkikas & Mitchell, LLP. Call 909-482-1422 or email info@parents4children.com for your initial consultation today!
