Grandparents Who Want to Protect Their Grandchild

If you are a grandparent raising your grandchild, you may be the only (or closest parent) your grandchild has ever known. Grandparent adoption may dawn on you that the only way to protect your grandchild from the biggest threat in their lives – the parents – one of whom is your child – is to adopt your grandchild.

Adoption is unique as compared to a) status quo, b) guardianship, or c) custody, because, in all three of these scenarios, the natural parent can come back into the picture and threaten the safety and stability of your grandchild.

It’s different and it gives you control to guide the tender life of your grandchild. Not the judge, not the father, and not the mother. Adoption is permanent.[1]

Steps Toward Grandparent Adoption

If you’ve decided to take the step towards adoption, your greatest fear is likely poking the bear, stirring the hornets’ nest, or whatever you want to call it … risking the natural parent coming back into the picture as a way of retaliating against you for “taking their rights.”

The good news is that we often don’t require the actual written consent of the natural parent. If the natural parent hasn’t been involved in the child’s life, hasn’t been providing emotional and financial support, hasn’t had contact or communication with the child, then the court can find that the parent has given implied consent.

What is implied consent? It’s a breath of fresh air for grandparents seeking to adopt their grandchildren. For a natural parent who has abandoned their child to the care of the grandparent, this tool allows the court to grant the adoption with poking the bear.

Often natural parents will come around and sign consent because they see this is best for their child. Other times, natural parents are this wise and the want to fight an adoption. This is where implied consent comes into play.

It’s also worth remembering that there are no taxpayer funded attorneys for a natural parent to fight an adoption in the probate court. This is in sharp contrast to the juvenile court where attorneys are routinely appointed in custody matters for natural parents who express some desire to contest a legal transfer of custody.

Cost of Adoption

Another concern you may have as you approach the decision point of adoption is cost. Costs vary based on time to completion. Some counties are more efficient, and some natural parents are more compliant. Overall, in an uncontested adoption you can expect to spend $5,000 to $10,000. The good news is that the federal adoption tax credit applies to grandparent adoptions and provides a credit of ~$17,000 for qualifying adoption expenses.

In summary, adoption provides finality and control for the adopting grandparent. The concerns of losing your grandchild to a retaliating natural parent is real. Let us help you navigate that. It’s not uncommon for the natural parent to initially express hostility, but eventually come around to giving their express consent to the adoption. Concern for costs is also legitimate; the federal adoption tax credit should be kept in view as it credits adoption expenses up to $17,000.

Your concerns and ambitions as a are valid. We want to help your vision for your grandchild come to fruition. You only get to do this once.

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[1] Now, hypothetically, if one of the parents got their act together 5 or 10 years down the road, if your grandchild wanted, and if it was best for your child, you could allow your grandchild to be re-adopted by their natural father or mother.