A question for our legal eagles

[Miles]

Here is a hypothetical situation. If, for instance, someone were to be awarded permenant custody of their grandchildren and they were planning on moving from one state to another would it be in their best legal interest to wait to adopt until they moved.

The biological parents, one dead the other in jail for physical, emotional and sexual abuse of the children, are in effect out of the picture. There are however the other grandparents but the court decides they are not fit to be part of the childrens lives.

The question is if adoption is granted before they move and at some point in time the other grandparents wish to cause trouble would the adopting grandparents be required to travel back to address the legal matters? If they wait until they establish residency in the new location would the other parties be forced persue legal remedy there. That is something they may be less likely to do if the only reason is to harrass.

Thanks in advance for any information.

[The Hen]

Wow. That's a doosey of a hypothetical.

Unfortunately I have no idea as I am not a lawyer.

[loCAtek]

Well, if one set of Grandparents already has custody, then they have the best chance at adoption; most states try to keep children with the closest willing member of kin to the parent. However, did the remaining parent give up, or legally lose their parental rights? This would make the children, in essence, wards of the state. (This wouldn't change the custody status of the grandparents) If the parent, has not lost their rights, then while the grandparents have custody, the parent could contest that at the end of their incarceration.

In the meantime, the grandparents can begin to petition for full adoption pending the release of the parent.

[Joe Guy]

After an adoption is granted the parents and grandparents have no rights in regards to the child.

Unless the grandparents are challenging the legality of the adoption in the county it was granted, I doubt the adoptive parents would be the ones who would need to travel.

But then again, who cares what I think?

I'm not a lawyer.

[loCAtek]

In the US, parental rights have to be removed first; I went through this with my foster son, when I became his legal guardian.

[Sue U]

Miles:

I don't practice family law in any jurisdiction, so my considered legal advice to you is to consult someone who does.

[BoSoxGal]

I have to agree with Sue (as any legal eagle would) that it's best for you to seek legal consultation with a family law/adoption law practitioner in your jurisdiction before making this decision. There could be factors you haven't thought to share with us that are actually critical to the question; there could be applicable laws in your jurisdiction that are far different from the jurisdictions where I have family law experience.

Assisting in adoption cases is something many lawyers enjoy doing as their pro bono credit for the year (they are generally feel-good cases), so you should seek out a pro bono representation project in your area (look first for legal aid, who can connect you to the applicable resources) to see if you can't get some quality, free advice from a local practitioner.

[Miles]

Thanks for the information.