Do I need parents permission before I can adopt my 16 year old grand daughter? 13 Answers as of January 16, 2014

Granddaughter has lived with us for a year. She doesn't want to live with her mother or father. She wants us to adopt her. Her parents are divorced with joint custody. They want her to go home and live with one or the other. Father has already said no to adoption. She is 16 years old. Do the parents have to sign papers relinquishing her to be adopted?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Lauren H. Kane | Lauren H. Kane
Yes you will have to terminate their rights to accomplish what you want.
Answer Applies to: Pennsylvania
Replied: 1/16/2014
John Russo | John Russo
Of course, they are her parents what don't you understand about that, her wishes have little to no weight she is minor.
Answer Applies to: Rhode Island
Replied: 1/15/2014
The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
Because she has lived with you for more than six months, you have the right to go to court and get custody and to try for an adoption. Of course the parents have to be notified. Since they will not consent then you will have to prove the grounds for a termination of their rights. If you fail to do this then you will at least end up with custody, child and medical support, and a visitation order that meets with the granddaughter's approval.
Answer Applies to: Texas
Replied: 1/15/2014
Diane l. Berger | Diane L. Berger
The parents' parental rights have to be terminated before you can adopt their child.
Answer Applies to: Nebraska
Replied: 1/15/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Why are you pushing for adoption at this age. She will be emancipated in two years. You can have custody without necessity of adoption.
Answer Applies to: Georgia
Replied: 1/15/2014
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    Yes, the parents need to agree and relinquish. If mom and dad are unfit (abusive, neglectful) parents, you could attempt to involve CPS to see if the State would move to terminate parental rights. However, it sounds like a middle ground might actually be appropriate based on what you describe.a 16 year old will always know her biological parents and grandparents from each other. It sounds like mom and dad have consented to her residing with you for a long time (a whole year). You can make this arrangement semi-permanent without terminating the rights of the parents through a guardianship. Both parents would still have rights to visit and responsibilities to pay child support, but a guardianship under Nebraska law would give you all the authorities a parent has as well - to deal with schools, doctors, sign consents, etc. This can be a bit of a process, so your best bet is to consult with an attorney who handles grandparent cases and guardianships to decide how best to proceed.
    Answer Applies to: Nebraska
    Replied: 1/15/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    They don't have to, but you would have to prove that they are not fit and that it would be in her best interests to be adopted by you. Unless mom and dad are druggies or have domestic violence issues, etc., that will be very difficult and possibly very expensive.
    Answer Applies to: Idaho
    Replied: 1/15/2014
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    Yes they do have to sign.
    Answer Applies to: New York
    Replied: 1/15/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    The parents would either need to sign off on the adoption OR receive notice of said adoption if they have not signed off giving consent to the adoption. It is difficult adopt a child away from parents unless they have been separated from the child for many years.
    Answer Applies to: Ohio
    Replied: 1/15/2014
    James M. Chandler | James M. Chandler
    No adoption unless both parents would sign their rights away.
    Answer Applies to: California
    Replied: 1/15/2014
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    Yes, both parents have to sign a relinquishment unless the court terminates their parental rights. There is no benefit to the kid or to you in adopting her at this age. Her desire not to live with her parents is irrelevant to their fitness. If the parents agree to have her live with you, just continue as you have.
    Answer Applies to: Washington
    Replied: 1/15/2014
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    In Mississippi, the answer is yes. Adoption requires the termination of parental rights. The natural parents must either sign consent forms or be served with process and given the opportunity to object. If they object, you'll likely have to pay for a Guardian ad Litem to investigate the situation and make a recommendation to the Court. Involuntary termination of parental rights requires a high level of proof that the child has been abandoned, abused/neglected, or that the natural parents are otherwise unfit.
    Answer Applies to: Mississippi
    Replied: 1/15/2014
    Law Office of Brent R. Chipman
    Law Office of Brent R. Chipman | Brent R. Chipman
    Yes. You either need the permission of the parents or you have to have a court terminate their rights in connection with any attempt you make to adopt your grand daughter until she reaches 18 years of age. You will also need to have the consent of the grand daughter since she is over 10 years of age. Once the grand daughter is over 18 years of age, only her consent, and not the consent of her parents, would be necessary.
    Answer Applies to: Utah
    Replied: 1/15/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney