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Adoption
What steps can we take to adopt our grandson that we have been raising?

What steps can we take to adopt our grandson that we have been raising?

Full question:

At present my husband and myself have temporary custody of our grandson, granted in September 2006. Our son had signed over his rights to us before we started the procedure, however the mother refused. Since August 2006 we have heard from her 3 times and not seen her since August 2006. She did not appear at the final hearing. She is a known drug addict and is at present eluding the police for active warrants concerning violations of her parole. What steps must we take to adopt our grandson? We do not want her in his life. He is only 2 and a half.

Category: Adoption
Date: 04/07/2025
State: Alabama

Answer:

In order to adopt the child the parents would need to consent or the parental rights terminated. There are requirements in Alabama for termination of parental rights. Even if the son consents, the mother would also have to consent or her rights be terminated. This is a matter that needs to be handled by an attorney of your choice.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the disadvantages of legal guardianship?

Legal guardianship does not provide the same legal rights as adoption. Guardians have limited authority and must often report to the court. The biological parents may retain some rights, which can complicate decisions about the child's upbringing. Additionally, guardianship can be revoked, meaning the child could be returned to their parents. This can create instability for the child. It's essential to consider these factors when deciding between guardianship and adoption.

Is temporary custody the same as legal custody?

No, temporary custody is not the same as legal custody. Temporary custody is a short-term arrangement, often granted during legal proceedings, while legal custody refers to the long-term right to make decisions about a child's welfare. Legal custody can be sole or joint, and it typically remains in effect until a court changes it. Understanding the differences is crucial for making informed decisions about child care.

What is the difference between legal custody and temporary custody?

Legal custody refers to the permanent right to make decisions about a child's upbringing, including education and healthcare. Temporary custody, on the other hand, is a short-term arrangement that allows a caregiver to take care of a child during legal proceedings or until a more permanent solution is determined. Legal custody usually follows a court's final decision, while temporary custody can be granted quickly in urgent situations.

How can I get emergency temporary custody of my grandson?

To obtain emergency temporary custody, you must file a petition with the court demonstrating that immediate custody is necessary for the child's safety and well-being. You will need to provide evidence of the circumstances, such as the mother's drug use or legal issues. The court will review the petition and may grant temporary custody if it believes it is in the child's best interest. Consulting an attorney can help you navigate this process effectively.

How to get custody back from temporary custody?

To regain custody from temporary custody, you typically need to file a motion with the court that originally granted the temporary custody. You should provide evidence showing that the circumstances have changed and that it is in the child's best interest for you to regain custody. The court will consider the child's welfare and may schedule a hearing to review your request. It's advisable to consult with an attorney to ensure you follow the correct legal procedures.

Does temporary custody usually become permanent?

Temporary custody does not automatically become permanent. It is intended as a short-term solution while the court determines a more permanent custody arrangement. If the situation does not change, or if the court finds it in the child's best interest, temporary custody may be extended or converted to permanent custody. However, this requires a formal court process and a decision based on the child's welfare.