Grandparents with custody of their grandchildren may wish to formally adopt them.
The Illinois Department on Aging reported in 2008 that over 200,000 children were living in Illinois households headed by grandparents. Grandparents who are raising their grandchildren may seek to legalize their custodial relationship through formal adoption.
Custody
To obtain legal custody of a grandchild when the parents do not consent, the grandparent must file a formal petition with the Illinois state courts. The grandparent can sue for custody if neither parent has physical custody of the child. Alternatively, the grandparent can file a custody petition when one parent is deceased, the grandparent is related to the deceased parent and the other parent is absent under certain circumstances.
Consequences
Adoption is a permanent custodial arrangement where the grandparent accepts all parental rights and responsibilities. After the adoption, the natural parents no longer have any legal family relationship with the child.
Procedure
The grandparent adoption process can ensue if both living natural parents give their consent. If the natural parents refuse to consent, the grandparent will have to get a court order. The court must find that both natural parents are unfit and terminate their parental rights before the grandparent can adopt the child.
Tags: natural parents, consent grandparent, parental rights, their grandchildren