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Under what circumstances can a grandparent adopt a grandchild in Louisiana?

On Behalf of | Mar 21, 2022 | Adoption, Child Custody, Family Law

It is tragic when grandparents finds themselves in the position where they have to step in and take the place of a child’s parents. You may feel that your grandchild is no longer safe with their parents, and that they would be better off living with you permanently. Fortunately, there is a legal process whereby you can petition the court to be able to legally adopt your grandchild.

The custody requirement

When a person seeks to adopt their biological grandchild, the legal term for this is an “intrafamily adoption.” This type of adoption has slightly different rules than an adoption by someone who is not a relative of the child.

The first requirement for an intrafamily adoption is that you have legal or physical custody of the child for at least six months before filing for adoption. This means that the court must first take custody rights away from your grandchild’s parents and grant you a temporary custody award.

Obtaining custody of your grandchild

If a child is in danger in their home, or if their parents are incapable of providing them with a safe environment, the courts can remove the child from the home pending a court hearing on the matter. Sometimes, this is done through an emergency instanter custody order.

When this happens, the authorities will search for a suitable relative with whom the child can stay, because a relative that the child knows is preferable to placing the child with a foster family. In this scenario, you may petition the court to receive temporary custody of your grandchild. The duration of your custody will depend upon the circumstances of the case.

Sometimes grandparents can give children a much more stable and wholesome environment to grow up in than their own parents can. With luck, you will hopefully qualify to be able to support your grandchildren when they need you the most.

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