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Can a grandparent adopt a child?

Fort Pierce, FL |

If my sons fathers rights are seen as unfit to a judge and has his rights voluntarily or involuntarily taken away could my father or mother adopt my son since most judges wont term another parents rights and leave the child with just the mother or father and not another parent. Or would I have to be remarried and consider step parent adoption before setting up a petition to have absent parents rights taken away!

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Attorney answers 3


Yes a grandparent can adopt a child. It might be best for the grandparent to seek temporary custody by extended family. An attorney will have to go over all of the possibilities with you.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.


For the grandparents to have any opportunity at adopting the child both of your parental rights must be terminated, which I do not believe is what you really are seeking. I would recommend you contact a local and experienced adoption attorney to fully discuss your rights and options, as parental rights are not something that the court just terminates.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.


Yes, grandparents can adopt a child through the relative adoption process. However, I do not think that is your intent. If you are getting married, the best option would be to do a step-parent adoption. In a step-parent adoption, your rights as the parent would remain intact. Additionally, the termination of parental rights portion of the adoption using that process is heard at the same time as the Petition for Adoption.

This response is to an unknown person and is for general information purposes only. Under the terms of AVVO policies, an attorney/client relationship is not formed by the answering of questions posted on a public portal. The attorney answering these questions may or may not have an attorney-client relationship with the opposing party. Other conflicts may exist with the person asking the question. A conflict check must be performed in order for the attorney to determine ifa conflict exists under the Rules Regulating the Florida Bar should the questioner desire to use the attorney's services.

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