There is rarely a consistent model for what today’s modern family looks like and the dynamic of which it is comprised. Nowadays there are many parties involved in what makes up a family, including grandparents, stepparents and second parents. A child can have many people involved in his or her life, and regardless of the familial structure their best interest should always be the driving priority.
In Kansas, as in many other states, grandparents may wish to voluntarily or perhaps involuntarily become a caregiver for their grandchild. A variety of situations may arise that no longer allow the child’s parents to adequately care for their child or render them unavailable. A grandparent may wish to step in to care for the child and based on the consent and encouragement, or lack thereof, the process of involvement may become complicated.
Ways to Obtain Custody or Legally Adopt Your Grandchild in Kansas
Unfortunately sometimes, despite the positive intentions grandparents have in wanting to care for their grandchild, the child’s biological parents are not willing to consent or cooperate with an adoption or allow grandparent custody. Biological parents are always and automatically the child’s natural guardians. For a child’s grandparents to legally adopt or be assigned as guardians, the parents must offer their consent. If overall cooperation cannot be achieved, grandparents may wish to consult or speak with an adoption attorney in Kansas to discuss your options and decide the best route to take.
Custody or Adoption Without Parental Consent
There may be exceptions to the requirement of obtaining consent from the child’s parents if there is evidence of abuse, neglect or mistreatment of the child and the court deems the grandparents a better fit to maintain the best interest of the child. Grandparents can petition the court stating their wishes to adopt the child, or obtain custody and a hearing will be set in order to assess the situation. Ultimately, it is the court’s discretion as to whether or not the child is in better hands with his parents or with his grandparents, despite whether or not consent was received.
Substantial Relationship With Grandchild
One of the most analyzed factors the court will take into consideration is the relationship the grandparent and the grandchild have. The court heavily favors a substantial relationship build on a healthy foundation of time and positive experience. The grandparent will also have to show that the child will be better off living with him or her and that their home environment will be stable and provide for the child’s best interest.
Call an Experienced Kansas Guardianship Attorney to Understand Your Rights as a Grandparent
The family dynamic between grandparents, their children and their grandchildren can be complicated and difficult at times, however McDowell Chartered Legal Services can help. Kansas Adoption Attorney Tom McDowell has helped many families successfully resolve adoption, custody and guardianship issues. Call our firm today at (316) 633-4322 to get the answers you need and the care your grandchild deserves.