Legal Question in Family Law in California
Adopting our grandaughter
We have had our granddaughter in our custody since she was born (3yrs) have had legal guardinship of her for 2 yrs. The mother is willing to sign her over to us but the father is waffling and is not sure if he wants to. They were never married and his name is on the birth certificate. The father has been in and out of jail he is currently out and on parole (drugs) and sure he is still doing them. What are our options as far as adopting her if he does not sign and also if he does sign and can we adopt her if he does not sign. There has been 0 support from either parent the mother has not seen her in at least 2 years the father does visit and we do not have a problem with his visits as long as he is sober. There is no
other assistance and we have been her sole support for 3 yrs now. Thanks in advance
Bill
1 Answer from Attorneys
Re: Adopting our grandaughter
You could file a petition for adoption. You should realize that upon filing the petition for adoption that the local department of social services will investigate to determine whether you are appropriate adoptive parents.
You have basically the same rights under the guardianship as with adoption, and could if you have the need apply for AFDC to help support for the child.