What to do if I have had my grandkids for almost 7years nd their mother was never there for them but now that I want to adopt them she won’t let me?

Their mother was a no-show and never even called for about 3-4 years.

Asked on September 13, 2012 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have a couple of different options.  Both involve the filing of a custody suit including a request that you be appointed the main custodian of the children.  Any family law attorney can help you with this process.  Depending on what you want the end result to be will determine exactly what type of custody suit you need to file.  The first type involves requesting the court to appoint you as the primary custodian, but designating her as the  parent with visitation rights.  The court may also order her to make child support payments to you.  Your second type of custody suit is a termination suit.... meaning--- asking the court to grant you full custody and terminate her rights so that there is no chance of her disrupting their lives again.  If she's effectively abandoned them for several years, you may have a strong basis for doing so.  However, keep in mind that if you proceed with termination, it could affect their potential inheritance rights. 

You can file the custody suit because you've had the children so long.  You do not need her permission to do the right thing.  Evaluate what you think is best and talk to a family law attorney about which custody suit is best for the kiddos involved.


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