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We started mediation with our daughter (my steo but raised her from 3 yrs she is 23 now)so she signs the rights over so we dont have a drawn out court battle,,she is in jail till 12/13/2012. they are going to TPR biof. So we gave BM 2x a month @5 hours or 10 hrs a month she wasnt happy still doesnt realize what adoption means she thinks wwe will b coparenting..NOT! Then her Bmother Bio Gmother to boys opened her mouth I want Everyother weekend an 2x a week. she now only gets 2xa month 4 hours..Who the hell she thinks she is? In pa do we even have to give her time in an open adoption shes only been geting the boys like tis for 3 months before that she didnt even see them..Im geting a lawyer but im trying to check out all my options before i seeone..
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Im not in PA but this is what I found:
Grandparents in Pennsylvania may seek visitation or "reasonable partial custody" if a parent of the child has died or if the parents are divorced or have been separated for six months or more. The court is instructed to consider the amount of personal contact that took place before the application. In addition, if the child resided with the grandparent for twelve months or more and was removed from the grandparent's home by parents, the court may rule in favor of visitation. As in all of the United States, the court must consider whether visitation is in the child's best interest. In addition, in Pennsylvania, the court must consider whether visitation would interfere with the parent-child relationship. Great-grandparents have the same rights as parents.
Adoption terminates visitation rights unless the adopting party is a stepparent or grandparent.
Pennsylvania statutes are not available on an official website but can be seen on this unofficial site. Look for Title 23, Part VI, Chapter 53, Subchapter A, Section 5311.
From what I understand once the adoption is final it is up to you as to whether or not the other grandparents see the children at all. Is their 2x a month visitation court ordered or is that just something you offered?
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I only offered the Bm 2x a month as she is our daudgter. (my step but i raised her for years) The other Gparent is her bmom who is responsable for messing up her life. An she demanded 2x amonth with 2days a week. One child is a special needs child an its not beneficial for them to go with her other than for her to say they are hers not mine i will never have them.
From what you are saying I wouldnt offer the grandmother any visitations right now, especially since you said she didnt have a relationship with the boys until a few months ago. If you wanted to allow visitation later I might agree to let her meet you with the children at a park so she could see them with you there.
It doesnt appear that she has any rights to visitation and certainly wont have any right to visitation after the adoption is complete, but Im not an attorney so I could be wrong.
Either way I would probably stop visitation until I spoke to an attorney.
I'm not 100% on PA, so please take this with a grain of salt.In most states, it appears that if there was never a grandparent relationship to begin with, the grandparents can't successfully gain visitation.*edited to add: in our state if the parent loses rights, so does the grandparent [and the rest of the family] unless the grandparent [or family member] is the one adopting.