Legal Question in Family Law in Florida

Adoption by a grandparent

I am asking this question at the request of a neighbor of mine. She is an 80 year old woman (acts about 50) who has raised her 16 year old grandaughter since she was about 2 months old. The girl has always lived with the grandma in Utah, both parents live in Florida. They see the child about once every 4 years or whenever the grandma takes her there. Both parents suffer from mental illness. The girl would like her grandma to legally adopt her( she does have legal custody) but the parents refuse to sign papers. My neighbor is under the impression that the only way she could is with their consent. It would seem to me that after a certain amount of time (16 yrs. is a long time!) she would have some kind of rights. It seems very important for the emotional stability of this girl that she be formally adopted by this grandma. Please offer any advice I can pass on to her. You helped me in the past and I truly appreciate it!! Thanks, Mary


Asked on 8/23/01, 4:25 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Adoption by a grandparent

Under Utah law the parents will have been deemed to have abandoned the child. Grandma can adopt the child. There is a legal requirement that the parental rights be formally terminated, then the adoption can take place. Parental request is not needed, only the willingness of the grandmother and the daughter.

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Answered on 8/27/01, 10:05 am
John A. Giffen Law Offices of John A. Giffen

Re: Adoption by a grandparent

Yes the grandmother can adopt the child without the parents consent. She would have to terminate their rights thought for failure to communicate or support the child. The only other option would be to wait till the child is 18 and then adopt her as an adult. Parental permission is no longer necessary.

John A. Giffen

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Answered on 8/26/01, 4:40 pm


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