We have legal custody of our grandchild, as the parents signed their rights to us. We have found that the child cannot receive benefits unless we adopt the child? What would be involved?
Both parents being willing to terminate their parental rights to the child and to sign the necessary paperwork, filing for the adoption, having an amicus attorney appointed to represent the child, getting a social study done, getting a criminal background check with DPS and then having the judge approve the adoption and find that it is in the best interest of the child.
Most likely you would need to just file the proper paper work and appear at court for the adoption to be granted, assuming the parental rights of the biological parents were correctly assigned/forfeited.
I am not sure what "benefits" you wish to apply for, and that is something you will want to discuss with a local attorney. You state the parents "signed their rights" over there are three ways to do this in Nebraska: 1) temporary 6 month Power of Attorney in the appropriate form allowed by law; 2) guardianship through the Probate Courts in which the parents consent to court appointment and supervision; and 3) adoption, in which the parents forever terminate and relinquish their rights and the Court enters an Adoption Decree that creates the legal relationship as if the child had actually been born to you. First, having the power of attorney is the weakest of these, but even just the POA would allow you to apply for benefits and to exercise decisions for doctors/school, etc. The POA does not change the parents' rights, but it does grant you additional rights that only a parent would normally have (including the benefits). These expire every 6 months and they are revocable at the will of the parent. Guardianship is a little more strong. It does not terminate the parents' rights, but it vests those rights in the guardian and the parent would need to come back to court in order to terminate the guardianship. This is an ideal vehicle if it is likely the parent at some point will be able to parent the child and it may be desirable to return to a normal family organization at some point. Guardians can do everything the court allows them to do, and generally have all parental rights including applying for and using benefits for the child. Adoption is forever and final and the child would have the same legal relationship to you that your biological child/children do. It also forever terminates the relationship between the child and the natural parents. You really do need an attorney in order to do anything more than a temporary POA, and I would advise you to speak with an attorney at your earliest convenience to discuss your specific situation. Best wishes.
You have to file a petition for adoption and obtain the consent of the natural parents or have their rights terminated. I am not sure what benefits cannot be received without an adoption. Most times, obtain a guardianship will allow the child to be covered on your health insurance and for you or the child to receive whatever benefits the child could receive with an adoption.
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