How does the courts look at Grandparents adopting their grandchild?

Asked over 2 years ago - Dallas, TX

My grandchild is 16 months old. CPS gave us temporary custody of our grandchild and has been in our care for 14 of the 16 months she has been alive. My son has moved away and the mother has only seen her child twice in the last 7 months. Once on the childs birthday, the other to give us a notorized letter giving us temporary custody of her child. She is able to see her child any time she wants, it just has to be supervised. My wife and I also have a notorized letter from my son as well. Since we have had our grandchild, we have taken her off state assistance. Have not heard from CPS in 9 months. No court order was issued giving us temp custody. We just want to insure she has a stable home and environment to grow up in.

Attorney answers (2)

  1. Christopher Jay Harding

    Contributor Level 15


    Lawyers agree

    Answered . Mr. Eaker is correct in that you would merely be formalizing the current situation. You need to make sure that it is done properly, and you probably want to go ahead and adopt the child. You could just change the conservatorship roles and insert yourselves as managing conservators, but one or the other needs to be done soon while everyone is still in agreement.

    This answer is intended for informational and educational purposes only and should not be considered legal advice... more
  2. David Moore Eaker

    Contributor Level 8


    Lawyers agree

    Answered . It sounds like you just need to formalize your situation. Without a court order you have no legally enforceable rights (consent to medical treatment, enroll in school etc.) and the letters you referenced will only get you so far. At your grandbabies young age, it is likely not an issue yet, but it will be when school starts.

    Give me a call or email me and we can set up an appointment to lay out a strategy about how to formalize and establish a legal relationship between you and the child.


    David Eaker
    Eaker Law Firm

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Child custody and adoption

For couples with children from different relationships, adoption can be an option to legally and permanently change who has custody of a child.

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