Flowery Branch, GA asked in Family Law, Adoption and Child Custody for Georgia

Q: My wife and I have permanent legal custody of her grandchild. In GA what's the difference between custody & adoption?

I'm nearing retirement age and have asked Social Security about benefits for the grandchild. Was told that court ordered permanent custody wasn't sufficient, that we needed to adopt the child. Trying to understand the legal difference given the the biological parents have no rights under the court order.

2 Lawyer Answers

A: Adoption is permanent and severs the parents parental rights and gives them to you. The child is legally your child at that point. The child can legally inherit from you, and you from her, if you adopt. Custody can be modified and the parents still maintain legal rights to notice about court proceedings. They maintain inheritance rights as well.

Ellaretha Coleman
PREMIUM
Answered

A: I agree with attorney Thrailkill. With an adoption, it will terminate the biological parents parental rights to the child. A termination can not be modified. On the other hand, with a custody order, if there is a showing of a material change in circumstances, the biological parents may modify the order to regain custody of the child.

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