Legal Question in Family Law in Florida

legal gardianship vs. adoption

My 17 year old stepdaughter is married and has a 15 month old son. Her husband recently had a paternity test performed and discovered that he is not the biological father of the boy. He is now seeking a divorce and the stepdaughter has decided that she no longer wants the responsibility of the 15 month old son. My husband and I are the only family willing to take the responisbility of raising this wonderful child. My question is, I we ask the mother to sign a legal gardianship form, making us legal gardians, what rights does this give us until the adoption is complete? Also, if legal gardianship is given to us, can she at any time revoke such gardianship?

We will appreciate any light you may be able to shed on this matter.

Thanks,

BA


Asked on 1/25/02, 3:23 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: legal gardianship vs. adoption

If you wish to have permanent parental rights for the child, you should pursue adoption promptly. Guardianship is only a temporary measure until adoption. It appears that you can obtain consent of the mother and the legal father at this point. Both should sign consents for the adoption. Adoption may be an easier course than guardianship would be. You can obtain adoption forms to handle it yourself but you are advised to consult with a family law attorney, local family assistance agency, FL Dept of Children & Families or other agency that can assist you in completing the forms and process. Don't just sign an agreement with your daughter; obtain parental rights to raise the child properly through adoption to avoid later problems. Many grand parents have taken this action in today's society and it is to be commended.

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Answered on 1/26/02, 9:15 am


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