As a grandparent, you may feel the responsibility or need to care for your grandchild or grandchildren. In many instances, the natural or biological parents of the child may not be fit or able to adequately care for their child. This may be an ongoing situation or for a limited time, however, the child may need your love and care. These circumstances of need can arise if a parent has become seriously ill, has been put in jail, is an active military member and has been deployed for an extended period of time, or is harmful to the child in some way.
The court often encourages family members to care for the child before exploring other options, and grandparents are highly favored. Depending on the situation, a grandparent may be established as the child’s guardian, or they may choose to permanently adopt the child. Either way, it is important to first assess if you are physically and financially able to care for your grandchild before you commit to either option. An experienced and knowledgeable Kansas Adoption Attorney can help you assess your options and determine the best outcome considering the situation. Our office can help you create a plan you are comfortable with and successfully establish guardianship or adopt your grandchild. Keep in mind that each case is different, the outcome of which depends upon the specific set of facts. Call a Kansas Adoption Lawyer to learn more about your legal options.
Grandparent or “Kinship” Adoption
There are many pros and cons when assessing whether adopting your grandchild is the best option. First and foremost, when a grandparent adopts a grandchild it is permanent and cannot be revoked. The grandparent legally steps into the parents’ shoes in all roles and responsibilities and must care for the child until they are eighteen (18), or beyond in certain circumstances. There are some concerns regarding the age and health of the grandparent and whether they will be able to properly care for the child until he or she becomes an adult. There is also concern regarding the relationship the grandparent(s) and the child’s biological parent(s) will maintain if there is contention or a lack of consent regarding the adoption. However, if the parent(s) voluntarily put the child for adoption, and willingly terminate their parental rights, the courts often accept a grandparent as an adoption option. The court will consider the child’s best interest first and foremost, however if a family member such as a grandparent submits their application and request for adoption, the court will likely approve it.
Grandparent as Guardian of Child
Guardianship is another less permanent option a grandparent may have when seeking care of their grandchild. Guardianship is also established through the legal system, and usually requires the consent of the natural parents. If the child is in an abusive or neglected living environment however, the court may grant the guardianship despite the lack of consent from the parents. Guardianship can also be granted for a limited or indefinite period of time, however can later be revoked or terminated.
How an Experienced Kansas Adoption Attorney Can Help You Care for Your Grandchild
If you are the grandparent of a child who needs caring for and you are considering guardianship or adoption, we are here to help. We understand the complications and stresses that can come with either process and our job is to help alleviate them. Contact an experienced Kansas Adoption Lawyer with your adoption and guardianship questions and get a better understanding of your options. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we will assist you with your adoption or guardianship matter.
