Adopting My Grandson Without Parents Consent

by Dennis from Leesburg, Florida, Lake County

I`m wondering if there is any way I can go about adopting my grandson. I do not have his parents consent.


My grandson is 7 months old and my son and his wife are not in a stable home and don't care for him the way he needs to be cared for.

He is always sick. They just don't care about him. Me and my wife want to adopt him and give him a healthy stable home.

Answer to Florida Adoption Question

Dear Dennis,

It is possible that you are describing child neglect. Or it could be that you and your wife, disagree with the way your son and his wife are raising your grandson.

Or it could be that your son and his wife are in need of some sort of assistance. Perhaps they need financial assistance and cannot afford to take him to the doctor.

Or perhaps, they do not know how to take care of their son, so they might need education. The Florida Department of Children and Families states their mission in serving families like this:

More than 1 million children are victims of child abuse and neglect each year, according to state child protective service agencies.

Many victims don't receive help because they are not reported to the system. These abused and neglected children span all ages, races, religions and socio-economic backgrounds. Child maltreatment includes actions that result in imminent risk of serious harm, death, serious physical or emotional harm, sexual abuse or exploitation of a child under age 18 by a parent or caretaker. The goal of the department is to keep children safe in their own families when possible.

If you believe your grandson is being neglected, my suggestion is to first speak with your son and his wife, and question them about their childcare practices. You might try to become increasingly involved in caring for him.

And if that doesn't influence their level of care then my suggestion is to talk to the Department of Children and Families to see if there is a way to offer better care to your grandson.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for Adopting My Grandson Without Parents Consent

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Undoing A Possibly Illegal Adoption?
by: Betrayed in New Jersey

My mom has had "temporary custody" of my daughter for the past 11 years. (How that's temporary is beyond me but whatever) I've been trying to get custody back since she was about 4, both in and out of court; no luck. In 2007 I was served with paperwork that mom wanted to terminate my parental rights (and her dad's; we're divorced) and adopt her! Well that's definitely a step in the wrong direction.... I refused of course, hired a lawyer etc.

I was able to stop her for a while but her dad couldn't sign fast enough (sadly he didn't care much other than yay he wouldn't have to pay support anymore) but funding has since run out. Now here it is 2012 and Mommy Dearest has just informed me that despite my vehement protests she has recently taken my daughter to her lawyer's office because she was now old enough (12) to decide and sign for herself??? So now its all apparently done and over, behind my back!? Is this possibly legal? Or can I stop and reverse it, and get my daughter back home?

--My understanding is that if a petition for adoption is filed, you will again be served with the adoption paperwork. You will then have a chance to answer and deny consent. A hearing will then be scheduled and this is where you will have to state your reasons why terminating your parental rights should be denied. My suggestion to you is to get legal advice as soon as possible. --Staff

Grandma Wants To Adopt 3 Children
by: Anonymous

I have had custody of my grandkids for 8 years, the court took them away from my daughter and the three dads because of drugs. I want to adopt them but don't know where to go and cannot afford a lawyer. My daughter will probably protest the adoption but in 8 years she has never done her case plan and still has warrants outstanding. I finally realize that she will never take on this responsibility and the children are really pushing me to adopt them. I'm sure my daughter will protest her parental rights being terminated, if she protests, can they halt my adoption?

--Without consent, you will need to convince the court to involuntarily terminate her parental rights. See Florida Statutes section 63.089, titled: Proceeding to terminate parental rights pending adoption; hearing; grounds; dismissal of petition; judgment, and especially sub-section (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING ADOPTION. --Staff

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