Everything You Should Understand About Grandparent Adoption

While it’s common for grandparents to act as temporary caregivers for their grandchildren during a time when one or both parents may be unable to provide the necessary level of care, it may be better to formalize an adoption in certain situations. In 2015 alone, around 1,063 adoptions were finalized, many of which were grandparent adoptions. Before the adoption process begins, it’s important to know what your legal rights are in New Jersey.

When to Consider a Kinship Legal Guardianship

When you want to become a permanent caregiver of your grandchild, one option available to you is to become a kinship legal guardian, which is possible in the event that adoption is unlikely to be granted. Temporary caregivers have the ability to petition the court to obtain status as a kinship legal guardian, which makes it possible for birth parents to continue having certain legal rights. These legal rights include the responsibility to offer financial support and the right to occasionally visit the child.

Someone who obtains this form of guardianship will be the main person responsible for the child but will not be overseen by the Division of Child Protection and Permanency (DCP&P), which is a requirement for foster placements. Even though the DCP&P doesn’t oversee these guardianships, you could still be eligible for caregiver subsidies as well as similar types of assistance.

Look Into Temporary Foster Placement

One option to consider in accordance with the DCP&P is a temporary foster placement, which can either lead to a parent-child reunification or you being a permanent caregiver through adoption or guardianship. DCP&P will consider this option for grandparents who are able to provide the same level of care as standard foster parents while also providing the child with a safe environment.

The DCP&P believes that placing a child with someone they know and are close to can lessen the amount of trauma that typically occurs when being separated from a parent. It’s important to understand that the main goal for all of these options is to ensure that the child is able to adjust well to the situation on a long-term basis.

The process for temporary placement is similar to the adoption process but with a few less requirements. Along with a comprehensive home inspection, background checks will also be performed on any household member who’s at least 18 years old. You will need to obtain a license that allows you to act as a “resource parent” in New Jersey. While foster parents have certain legal rights, DCP&P supervision is still necessary.

Parental Rights to Consider During Grandparent Adoptions

When it comes to New Jersey adoption requirements, the law states that a child is only able to have two legal parents, which can make it difficult for a grandparent to adopt their grandchild. However, it’s possible for a third individual to gain rights as a legal guardian or foster parent in the event that they are taking care of the child in question.

Legal adoption of a child is only possible if the biological parents voluntarily relinquish the parental rights they have. The courts may also terminate these rights in certain situations. Parental rights can be terminated in New Jersey if a parent abuses or abandons their child. Child neglect or abuse can occur by abandoning a child, causing emotional or physical harm, not providing a proper level of care, sexually abusing a child, or using excessive amounts of physical punishment.

Once rights have been terminated, it’s possible for a grandparent to go through the adoption process. When the adoption has been properly finalized, the grandparent will gain all parental responsibilities and rights. As for the birth parents, they no longer have parental rights and can only visit the child if the adoptive parents agree.

How Our New Jersey Adoption Lawyer Can Help

During our many years in practice, our New Jersey adoption lawyer has represented over 1,500 families throughout the adoption process. The experience we have allows us to provide our clients with the representation they deserve. We can help you by streamlining the entire adoption process, which should reduce your stress levels and allow you to better understand what the process entails.

Our lawyer will assist you in gaining a more in-depth knowledge of your legal rights in regard to the adoption case you’re involved in. Keep in mind that we handle every type of adoption, which includes everything from international adoptions to grandparent adoptions.

If you would like to begin the adoption process and want to make sure that your interests are protected during the process, call our New Jersey adoption lawyer today at (856) 429-5005 or fill out our online form to get started.