When parents find themselves unable to raise their children, grandparents are often the first to step in. There are millions of grandparents across the country who are raising a second generation; providing love, support, and financial necessities for their grandchildren. In Part I of this three part series, we addressed the types of grandparent caregivers and some vital legal options available to non-custodial grandparents. In Part II, we will now look at guardianship and adoption by grandparents in Kansas.
Grandparent Custody in Kansas
There are two basic means of securing legal custody of a grandchild in Kansas: guardianship or adoption.
Guardianships
Guardianships are legal instruments that provide legal decision making authority to care for minor children, as well as elderly or disabled adults. Guardianships are often the best plan where parents are unable to care for their children in their own homes and an extended placement with the grandparent is being considered. A guardianship allows the grandparent to essentially step into the shoes of the parent have the same legal authority.
In order to obtain a guardianship, a petition must be filed in court. Upon filing, a Guardian Ad Litem (GAL) will be appointed to the grandchild, who will opine on your grandchild’s best interests.
Once the petition and all necessary documents are provided to the court, all interested parties will receive notice. As such, even uninvolved parents will be notified and provided an opportunity to step into the child’s life and become a caregiver.
Guardianships are easier to establish when both parents consent, but contested guardianships can still be successful. In a contested guardianship, the grandparent seeking to be named as guardian must prove the opposing parent is unfit. Unfitness is a legal standard, and some examples of factors considered include: emotional illness or mental deficiency; felony conviction and imprisonment; or extended placement of the child outside the home.
Guardianship may be ended when the parent can establish he or she is now able to care for the child full time.
Grandparent Adoption
Adoption by a grandparent differs from guardianship in that adoption terminates the legal rights of the parent. As such, adoption is a major decision that should never be taken lightly by any party involved. That being said, for grandchildren who have been raised by their grandparents for years, or those who have dangerously unfit parents that will never be able to care for them, grandparent adoption can provide the child with the permanency he or she needs to thrive.
Grandparent adoptions are termed “kinship” adoptions. Grandparents are provided with preference in adoption placements, so long as the placement is otherwise suitable. The kinship adoption process begins with the filing of a petition to adopt in court. The parents must legally terminate their parental rights. If one parent refuses to consent, the court must hold a hearing, in which the grandparent must present evidence that the parent is unfit and the best interests of the child demand placement with the grandparent.
Adoption is a complex process, particularly where the parents do not agree to it, and you will require the assistance of a knowledgeable Kansas adoption attorney to guide you through the process.
McDowell Chartered: Guiding Grandparents Towards Successful Guardianship or Adoption
Since 1992, the Kansas Family Law Attorneys at the Wichita based firm of McDowell Chartered have assisted grandparents in obtaining guardianship or full legal custody of their grandchildren. We use our decades of legal experience to better assist you in obtaining the best possible outcome for you and your family. McDowell Chartered offers a full range of grandparent adoption and guardianship services. We also assist with all legal issues surrounding a grandparent caregiver situation. Call us today at (316) 269-0746 to see how one of our knowledgeable adoption attorneys can help you!
