Research indicates that over the last 25 years, the number of households raising a child by someone other than their birth parent has increased substantially, with a majority being brought up by their grandparents. Throughout the decade of the 90’s, the number of grandparent-headed households, in which neither parent was present, increased by 53 percent. Today, more than 6 million children live in a grandparent or other relative household. Grandparents may step into the role of parenting due to the following:
- Substance abuse or addiction
- Death of a parent
- Child abuse, physical and/or emotional
- Neglect or abandonment
- Teenage pregnancy
- Terminal illness, i.e. HIV/AIDS
- Unemployment and/or poverty
- Incarceration or other attenuating legal circumstances
- Divorce and/or custody issues
- Mental health concerns
Grandparents who assume responsibility for their grandchildren are keeping families together, serving as an alternative to keep children out of the formal foster care system. Unfortunately though, many grandparents encounter various challenges that biological parents otherwise are not faced with; for example, placing a child on their health insurance policies, obtaining affordable housing where they can live with the child, and enrolling the child in school, to name a few.
Grandparents dealing with custodial dilemmas regarding grandchildren have several legal options, including adoption, guardianship, and legal custody, among others, that bestow grandparents all legal parental rights. However, a grandparent must bring a legal proceeding against the parents in order to establish a legal relationship with the children. Generally, such proceedings are lengthy and often emotionally challenging for all parties involved, and on some occasions can strain family relationships. The court will examine the fitness of the parents, and most importantly, consider the “best interests” of the child. The child’s welfare is the primary concern of the court.
One of the primary concerns of the court as well as the grandparents themselves, is the role age may play throughout the adoption process. All parties involved may have legitimate questions and concerns about age, and how it may potentially be a challenge for various reasons. While the current age of a grandparent raises a number of concerns, there is also the issue about a child’s future as a grandparent becomes even older. Commonly, these concerns revolve around the development of serious health problems, and financial difficulties affecting the ability to parent. Fortunately there are some solutions available. Although grandparents may be forced to make difficult choices along the way, being as realistic as possible about a child’s situation, will be the greatest benefit to everyone involved. Once a grandparent becomes the legal parent of a grandchild, they will also have the legal right to place the child for adoption if they become unable to parent.
Under circumstances where a grandparent is no longer able to parent, they will be able to find another home for the adopted child through designated adoption. Generally, throughout the United States, this process is not allowed without the assistance of an agency. Designated adoption allows a grandparent to identify the family with whom they would like to place the child with. This type of adoption gives all parties the opportunity to agree upon and arrange for the process to take place either as soon as the grandparent feels the inability to parent the child, to take place at death, or if a grandparent becomes incapacitated. When planning a designated adoption, the child will be able to meet the family in advance and build a relationship with them before the formal adoption occurs.
In the event that a grandparent chooses to arrange for the adoption of their adopted child at an earlier time, an open adoption gives the child a permanent family immediately, allowing ongoing contact with the grandparent, in an effort to maintain the grandparent relationship.
If you live in the state of Kansas and have questions or concerns regarding the legal rights of you or other parties involved in an adoption, call McDowell Chartered legal services at 316-269-0746 for more information today. Our firm of experienced adoption attorneys can assist you with all aspects of the adoption process, and make sure you receive the outcome you deserve!