Nowadays, many grandparents find themselves raising children in an unofficial capacity without any formal legal arrangement. This type of informal relationship can be the source of many problems when it comes to shaping and establishing certain aspects of the child’s life. A few examples of such issues that prove to be challenging are enrollment in school, acquiring medical and mental health services, and providing a secure and stable environment for the child. As a result, the state of Kansas provides with regard to either birth parent, under specific circumstances, their relatives may petition for the adoption of their child.
This is otherwise known as “kinship adoption,” and grandparents are included as those eligible to adopt a child. It is actually the case that grandparents are the most common “kinship” caregivers in Kansas, since they are the ones often left caring for their grandchildren if their own child is unable to do so. This may occur for a variety of reasons including, but not limited to, the birthparents terminating their parental rights, or they face serious economic hardship, if they are unwilling to parent their child, or where they are rendered unfit by a family court due to alcohol or drug abuse. Under such circumstances, the Kansas legislature has authorized various measures to take place, including a special adoption process for grandparents, to enable grandparent adoptions within the State.
For a grandparent to successfully adopt their grandchild, there are several legal requirements that must be executed. Customarily, if a child’s birthparents consent to the adoption, or if based upon proof, the birthparents have abandoned their child, the grandparents will be able to adopt their grandchild. The legal process must be commenced with the family court of their jurisdiction, with the child’s grandparents submitting a petition for adoption. If the biological parents of the child consent to the adoption, the case should progress rather quickly. On the other hand, if the biological parent’s refuse to give consent or object, the child’s grandparents will still be able to pursue the adoption. If the latter is the case, the court will hold a hearing. During the hearing, the grandparents can offer evidence to show why the child’s parents are unfit to raise the child. At the conclusion of the hearing, the judge will decide, based upon what he or she deems is in the best interest of the child, whether adoption by the grandparents can take place or not.
Additionally, in Kansas, for grandparents that are successful in adopting their grandchildren, there are several benefits available. To begin with, a more stabilized and supportive environment can be provided by the adoptive grandparents for their grandchild, in order to assist and promote the child’s growth and development. Furthermore, adoption terminates a birthparents ability to negatively interfere with the adopted child’s upbringing, where the child’s parents will no longer be able to appear sporadically and/or intermittently throughout the child’s life, avoiding complication and misunderstanding as to their role with the adopted child. Grandparents that adopt a grandchild may also be eligible for a Federal Adoption Tax credit, which would include a reimbursement when filing their tax return for all court costs and other fees associated with the adoption process.
It is often the case that many grandparents end up raising their grandchildren unexpectedly or without much notice. However, sometimes it is the exact opposite, where the grandparents begin as part-time caregivers, and then one day, find themselves “care giving” on a full-time basis. Faced with this moment, legal issues arise regarding what must be done next to ensure safety and stability for the child. A knowledgeable and experienced Kansas adoption attorney can give you the necessary assistance and advise required to consider all of your legal options, as well as effectively guide you throughout the adoption proceeding.
If you are a grandparent seeking to adopt, and would like more information on your legal rights and options, contact McDowell Chartered legal services at 316-269-0746 for more information about how to get started with the adoption process today!