Legal Question in Family Law in Missouri
custody of our grandsons
My husband and i have had our two grandsons for over a year now with no contact from the mother. the state says that our son is unable to provide approprietly for the children on his own he is mentally handicapped as is the mother. we want to adopt the children and have our sons permission but have no idea where the mother is. we are planning t o move to another state in thew near future and don't want any problems. what do we need to do/
1 Answer from Attorneys
Re: custody of our grandsons
It depends on your situation. If the juvenile court has jurisdiction or legal custody of the children, you cannot do anything without its permission. If the state has legal custody, see if the juvenile officer will petition the court to terminate the parental rights of both parents. Your son, if mentally capable, can consent to the termination. If not, an attorney will need to be appointed for him to represent his interests and the court will have to terminate his rights.
If the juvenile court does not have legal custody of the children you should seek an adoption attorney to help you file the appropriate documents with the court to terminate the parental rights of both parents and to adopt the children. The attorney can advise you of the best steps to take in this situation.
You should do one of the above prior to leaving the state. Good luck to you.
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