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When did legal custody begin for our adopted child?

When did legal custody begin for our adopted child?

Full question:

The state gave My wife and I permission to bring a 3 year old child whom we wanted to adopt into our home in March 2006. We provided medical care, enrolled her in kindergarden and took her to church. In September of 2007 the adoption was final and we were issued a birth certificate showing that she was our daughter. My question is this. When did the legal custody begin? When we brought her into our home and began providing for her (2006), or when the adoption was finalized (2007)?

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

Answer:

The timing of legal custody depends on the specific documents involved. Typically, when a child is placed in your home for adoption, they remain under the legal custody of the agency that has guardianship until the adoption is finalized in court. Therefore, you likely had temporary or provisional custody starting when she was placed in your home in 2006, but full legal custody was only established when the adoption was finalized in 2007. For precise guidance, it’s advisable to consult a local attorney who can review your documents and the details of your situation.

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

How much does it cost for a grandparent to adopt a grandchild?

The cost for a grandparent to adopt a grandchild can vary widely. It may include court fees, attorney fees, and costs for home studies. Generally, the total can range from a few hundred to several thousand dollars, depending on the complexity of the case and the state laws involved. It’s advisable to consult with a family law attorney to get a more accurate estimate based on your specific situation.

Can you legally give your child to someone else?

Yes, you can legally give your child to someone else through a process called guardianship or adoption. Guardianship allows someone to care for your child while you retain legal rights, whereas adoption transfers all parental rights to the new guardian. Both processes require legal documentation and court approval, so it's best to consult with an attorney for guidance.

What is the difference between guardianship and adoption in California?

In California, guardianship allows an individual to care for a child while the biological parents retain their legal rights. Adoption, on the other hand, permanently transfers parental rights from the biological parents to the adoptive parents. Guardianship can be temporary, while adoption is a permanent legal arrangement. Each process has different legal requirements and implications.

Can I adopt my grandchild without a lawyer?

While it is possible to adopt your grandchild without a lawyer, it is not recommended. The adoption process involves complex legal procedures and paperwork that can be difficult to navigate. A lawyer can help ensure that all legal requirements are met and that the adoption is finalized correctly, protecting your rights and those of the child.

How much does it cost to adopt a child in CA?

The cost to adopt a child in California can vary significantly based on the type of adoption. Public adoptions through the foster care system may be low-cost or free, while private adoptions can range from $5,000 to $40,000 or more. Factors influencing the cost include attorney fees, agency fees, and court costs. Consulting a family law attorney can provide more specific information based on your circumstances.

How hard is it to adopt your grandchild?

Adopting your grandchild can be a complex process, but it is often more straightforward than other types of adoption. You will need to demonstrate that the adoption is in the child's best interest and may require court approval. Factors such as the biological parents' consent and any existing legal arrangements can affect the process. Consulting with an attorney can help clarify the steps involved.