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LWID · Oct 20, 2007, 08:49 AM

Hi,

My husband and I now have legal guardianship of our grandson whom we have been raising. Both parents have voluntarily agreed to terminate their parental rights to allow us to adopt him. Our grandson really wants us to adopt him and we are happy to do that. I am wondering if we need to adopt him since we have legal guardianship (my understanding is that the guardianship is the same as custody.) What is the difference or pros/cons? Our grandson has a fear that his mother will come and take him back like she has done over the years before we were awarded guardianship. The adoption would make that impossible... but will the guardianship do the same?

Thanks!

statictable · Oct 26, 2007, 07:50 PM

The guardianship can be modified at any time by the birth mother and birth father (and, not or) if they originated the process and both signed off. If the guardianship was mandated via court order then the birth parents would have to petition the court to change such document. In the former you would be best to adopt this young man to safeguard his future and your sanity. A attorney is needed here as well as signatures from both birth parents. Best wishes.

shygrneyzs · Oct 26, 2007, 07:57 PM

I would go with adoption of your grandson. It signs and seals and delivers your rights and protects his and keeps his parents from interrupting his life. Sure they can still come back but they have no say, if you have adopted your grandson. Go for the adoption and many blessings to you!

LWID · Oct 26, 2007, 09:00 PM

Thank you so much for your comments and encouragement. We do have guardianship through a court order and both parents signed. I appreciate your help!

statictable · Oct 27, 2007, 07:13 AM

Originally Posted by LWID

thank you so much for your comments and encouragement. We do have guardianship through a court order and both parents signed. I appreciate your help!

A court order given in response to a petition prepared by you, your husband and both birth parents WILL NOT bring closure.

A MANDATED court order WILL BRING CLOSURE.

If the original petition was voluntary then you will want to adopt.

LWID · Oct 27, 2007, 09:43 AM

It was a court order with both parents agreeing... what do you mean by bring closure? :confused:

shygrneyzs · Oct 27, 2007, 10:35 AM

We mean that you and your husband need to legally recognized by the court and your state as the parents. Ask your attorney, please ask your attorney. Any loopholes should be plugged up here. The Judge signs the court order and you get an original copy. There is a court hearing in which you and your husband and your attorney appear. Your grandchild will have an attorney, appearing on the child's behalf. There is a process to go through - have you done all that?

LWID · Oct 27, 2007, 02:56 PM

Had a court hearing before the judge with docs the court required (including parents both signing "consent to appointment of guardian")... judge signed awarding us guardianship in September. I have been told that it is virtually the same as adoption (being legal guardian). I want to make sure that his mother (my daughter) couldn't come back and get him. Our little guy is 8 and does not want to be with his mother at all. Both parents have agreed to sign away their rights so we can adopt him... just don't know if it is needed.

I called an attorney last week for an appointment to ask about the differences between the guardianship and adoption and if there is any chance my daughter could come and get him back (I don't think she would but she's not all that stable or predictable) ----and still have not received a return phone call.

s_cianci · Oct 27, 2007, 03:02 PM

FIle a motion to adopt in Family Court. If the parents are willing to consent then it should be a routine procedure.

LWID · Oct 27, 2007, 03:59 PM

This might sound like a silly question... is family court the same as our district court? I would assume that I would also need an attorney? Or not?

statictable · Oct 28, 2007, 09:59 AM

Originally Posted by LWID

it was a court order with both parents agreeing.... what do you mean by bring closure? :confused:

A mandated court order which would have been executed by the State and based on proof of child neglect etc, would have closed the door (brought closure) to any concerns about one or both birth parents showing up some day to take the child back. In other words you wouldn't have to adopt in this situation. However in your case it sounds like the birth parents went to court on their own in order to make you and your husband the child's guardians due to their inabilty to care for the child and in this case there is NO CLOSURE because the birth parents can simply waltz into court with their attorney and eliminate you and your husband as guardians.

Be sure to read the legal documents to insure there are no loop holes.

acoston · Oct 30, 2007, 02:25 PM

I am an adoptee. I would consider asking your grandson if he wants to be adopted. In the mind of a child in that situation... being his guardian may feel like you want him, but aren't sure... I know that is not the case with you at all, but ask if he wants to be adopted by you officially. I think that would "seal the deal" for him and make him feel complettely accepted by you. Adoptees tend struggle with acceptance especially in their younger adult lives.