Grandparents may especially be torn between loyalty to their birth child and concern for their grandchild. Aunts and uncles are usually closer in age to the birth parent, but taking in a niece or nephew can change the dynamic in marriages and existing families. If the child is old enough to have a relationship with her birth parents, there may be issues of separation and abandonment. Prospective kinship parents should consider family counseling sessions before committing to an adoption. If the child came to your family via a court case, discuss kinship adoption with the child’s social worker. Make sure you understand the state’s role in the adoption.
Custody and legal placement. To keep the child out of the foster care system, the court will look to blood relatives first. If you are fit and have the resources to care for the child, the state will often take legal custody of the child and place her in your home. You handle all the day-to-day activities of a parent under the supervision of the court. This is always a temporary situation, usually lasting less than a year. [1] X Trustworthy Source Child Welfare Information Gateway Online portal managed by the U. S. Children’s Bureau providing resources related to childcare and abuse prevention Go to source Guardianship. This can be a good option for kinship placements. The court issues an order that gives you legal custody of the child and all legal rights to act as her parent. The difference between a guardianship and an adoption is that the rights of the birth parents are not severed. However, if the birth parents want to be involved in the child’s life, they must go to court. In a guardianship, you may be eligible to receive child support payments from the birth parents. [2] X Trustworthy Source HelpGuide Nonprofit organization dedicated to providing free, evidence-based mental health and wellness resources. Go to source Adoption completely severs of the birth parents’ legal rights to the child. As the kinship adopter, you become the child’s parent in all facets of the law. You have the same rights and responsibilities of any other parent. [3] X Research source
Federal law requires agencies to make reasonable efforts to keep siblings together in one home, offering services as needed to make the placement work. [4] X Trustworthy Source Child Welfare Information Gateway Online portal managed by the U. S. Children’s Bureau providing resources related to childcare and abuse prevention Go to source If there is a case involving a child who is your blood relative and you can show you have a relationship with the child, you can ask the court for “interested party” status. This means you have a right to receive documents and reports as well as notice of court hearings. Ten states have laws requiring agencies to give preference to blood relatives when evaluating adoption placements. [5] X Trustworthy Source Child Welfare Information Gateway Online portal managed by the U. S. Children’s Bureau providing resources related to childcare and abuse prevention Go to source In most states, if the parent purposely sent the child to live with relatives and consents to the adoption, the laws are set up to streamline the procedure. Typically, if the child has been living with the relative for some time, the home study will be cursory or waived all together. [6] X Trustworthy Source Child Welfare Information Gateway Online portal managed by the U. S. Children’s Bureau providing resources related to childcare and abuse prevention Go to source
If you have the financial resources, you can retain a family law attorney to act on your behalf. Write a letter to the court hearing the child welfare case and ask if you qualify for court-appointed counsel. Speak with your local Legal Aid office. There is a Legal Aid office for every county in the United States and, if you meet their income guidelines, you may qualify for representation. [8] X Trustworthy Source Legal Services Corporation Independent nonprofit established by Congress with a mission to provide financial support for civil legal aid to low-income Americans Go to source Contact the local bar association. Most bar associations have attorneys who are willing to assist with this type of case for a reduced fee or pro bono.
If the birth parents both consent, they will sign notarized forms surrendering their parental rights. At this stage, the family of the other parent may request the right to intervene or contest the adoption.
The agency should have the documents needed for the adoption, such as certified birth certificates and parental death certificates. They also have access to records that can help locate absentee parents for service and consent. Cooperate fully with requested home visits, interviews, and criminal background checks. Most states have laws in place to streamline these procedures and give preference to blood relatives, but your cooperation is essential. Be open and honest. After the state becomes involved, there is no “private family business. " Grandparents may be asked to submit to physical examinations to determine if they are healthy enough to be adoptive parents for young children.
If your attorney is court-appointed, Legal Aid, or working pro bono, you will likely be able to get the court filing fees waived. Speak with your attorney about the records you will have to provide. If there is a child welfare case, the state will handle the severance of the birth parents’ rights. If the case goes to trial, you may be called to testify about anything you witnessed and about how you have been caring for the child. If you receive a subpoena or other notice from the state, contact your attorney immediately.
If the birth parents have consented or had their rights severed by the state, they are not required to attend. If the family of the other birth parent or other family members want to object to the adoption or intervene, they may appear. Don’t be hostile, no matter how angry or disappointed you may be. Direct all communication to your attorney. Do not bring the children unless instructed to do so by your attorney. Some judges have rules against children in the courtroom and you cannot leave them unattended in the hallway. If you are working with the social welfare agency, they may have a playroom at their offices where the children can wait while you are in court.
Do not discuss the details of the case with the child. If you get questions that can’t be answered with generalities, consider a family counseling session. Do not disrespect the birth parents to the child. Do not discuss the details of the case with other family except in very general terms. If their input or cooperation is needed, let your attorney handle the communication. Do not be hostile toward the family of the other birth parent. Even though rights have been surrendered or severed, they are the child’s family as much as you are. The child may have significant affection for their other grandparents and aunts, uncles, and cousins. Discuss the issue with your attorney and social worker how to allow contact with the child, especially around the holidays.
The judge with either acknowledge that the birth parents consented or that there rights have been previously severed. If not, the judge will make a finding of fact that the parents are unfit and enter an order of severance. Upon signing of the order, you become the child’s legal parent.
If the parents’ rights were forcibly severed, there may be hostility and danger to the child. Update the family information with the child’s school and caregivers. Inform them who can and can’t pick the child up from school and who can access school records. If the parents’ rights were severed because of substance abuse or physical abuse, use your judgment in allowing contact. Protect the child like you would with anyone you felt might be a danger. If a birth parent or other family becomes threatening, consider taking out a restraining order to protect you, your child, and your home. If a birth parent or other family member leaves with the child or will not return the child after a visit, take the adoption papers and new birth certificate to law enforcement. This will help make them understand the situation and get them to help you retrieve the child.
