Am I right in thinking that the bio family's rights are terminated along with the parents'? Our adopted kids' bio grandparents say they are going to sue for visitation.
Am I right in thinking that the bio family's rights are terminated along with the parents'? Our adopted kids' bio grandparents say they are going to sue for visitation.
This is how it was explained to me.. Once you Adopt a child that child is yours.. Just like you gave birth.. The bio grandparents wouldnt have standing in court.
I could be wrong but that is how my question was answered by an adoption worker a while ago..
Their rights are not terminated until the in-between the TPR and adoption technically they still have rights (now this MAY very by state)....however I would be shocked if they received grandparent rights...that doesn't apply to adoption/TPR cases....more in the death or a parent or a parent remarrying and stopping visitations
There was just a case published about this in NJ. I cant remember the details but I think the grandparents did get visitation in an adoption. However, there was something really unusual about the facts - maybe the grandparents had helped raise the child for years before dyfs involvement? I can't remember. I'll try to look it up.
If you find it can you pm me it?
I know this can happen in step-parent adoptions or a death order for a grandparent to go after grandparent rights they have to show a "parent like relationship" so the grounds sound right...but I've never heard of it in a tpr of both parents/and adoption by a non-relative...I've heard of it in a relative adoption situation. (sorry sw hat on my head :) )
I know of a case in NJ where the grandparents did NOT get visitation rights. Their son had passed away and really had nothing to do with them for years (he had his ver good reasons).
They wanted visitation with the grand kids (of which he didn't even tell his bio parents he had their first child until baby was over 6 months old). Court denied the request.
Yes, it was a relative adoption. That was a central part of the case. This guy's website summarizes it - [url=]Adoption Doesn’t Automatically Prohibit Grandparent Visits Faith A. Ullmann & Associates, LLC[/url]
Am on a train or I'd cut and paste whole case.
The TPR on our nephew/now son was different for each parent. For biomom, rights gone for her and her whole family. For biodad, my BIL, rights gone for him but not the family; I guess because ds was coming to live with relatives--us. We adopted one month later.
We keep in touch with maternal gpa as well as my MIL.
If foster/adopt, I imagine TPR means bioparents rights gone and all connection to biofamily also legally gone.
Interesting thread--
In our kids' case, the grandfather and great grandmother were seeking custody of the kids and had to meet some requirements to gain placement. Grandfather withdrew his petition a few days before TPR. Great grandmother continued on to trial with mom and dad. TPR was granted. In the order, the judge prohibited anyone involved in the case from contacting us. When the adoption was finalized, the judge continued the no contact order and closed the adoption.
There were reasons.
I suppose it could go either way, but I have been told that grandparents' rights do not exist in my state.
Interesting link...The language talking about grandparent rights can be found in each states statutes...and I know in my state (WI) it talks about biological family rights to visits following adoption (relative/non relative) in the adoption statutes.
If you need help finding the statutes for your state feel free to pm me and I'll help out.
In our case, we have already adopted the kids. However, bio gp think that they can get a lawyer and get visits. I don't think they can.
In KY grandparents have no rights.
TPR is for the entire biological family. I would not worry about it.
If the kids are already adopted, there's nothing they can do. The time has passed when they could have tried and possibly succeeded (based on your state's laws).
Too little too late.