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-   -   Ex-husband adopting my granddaughter 12/10, my rights? (https://www.askmehelpdesk.com/showthread.php?t=415174)

  • Nov 11, 2009, 05:59 PM
    cashck
    Ex-husband adopting my granddaughter 12/10, my rights?
    I live in Georgia and my 33 year old son and my 5 year old granddaughter live in Indiana. The biological mother has been out of the picture for most of my granddaughter's life. My son has been in and out of a job for the last 2+ years and about 1 1/2 years ago (or so) my ex-husband and his wife brought my granddaughter to their home and she has been living there ever since. Now I find out that they plan to adopt her and the adoption is to be final on December 10th. Although my ex swears that this is for her protection (the bio mother is unstable) and if my son gets his life on track that his daughter can live with him again, I am wondering what his rights actually will be as well as mine. I understand that his and the mother's names will be wiped from her birth certificate. Can I legally ask for grandparent's rights and visitation to protect myself and our relationship. Do I need to call an adoption attorney in Indiana or Georgia? Should my son challenge the adoption even though he has no money? He has decided not to contest because he knows he cannot care for her as she needs to be cared for at this time. Can he just consent for them to be legal guardians? I understand my ex put something in the paper regarding the adoption, I have no idea what it was or what it said. I am at a loss as to what to do. My ex-husband is very controlling and has many times in the past been less than honest in his actual intentions.
  • Nov 11, 2009, 06:23 PM
    s_cianci
    In order for your ex to adopt your granddaughter, both your son and the bio mother (if she can be located) will have to consent. I'm guessing that what your ex put in the paper was ads hoping to locate the biological mother, in order to give her the opportunity to consent to or contest the adoption. How does Indiana come into play? Is that where your ex and his wife live? Is that where the hearing is scheduled? You'd need to call a family lawyer in the jurisdiction where the hearing is to take place. (S)he can advise you on whether grandparents' rights are recognized in that locality and what steps you need to take. Act fast, because 12/10 is pretty near.
  • Nov 11, 2009, 08:25 PM
    cdad

    As the grandmother you don't have rights when it comes to the adoption of the child. And once the parental rights are stripped you will no longer be the grandmother of the child for legal purposes.
  • Nov 11, 2009, 08:33 PM
    ScottGem

    Your son can protest the adoption and, In my opinion, should do so. Adoption is a significant step and severs your son's rights to his child.

    I think a better choice would be guardianship which is not permanent. If you son still wants to go the adop[tion router, he should press for an open adoption that allows him and other members of your family to continue to have visitation.
  • Nov 11, 2009, 10:19 PM
    stinawords

    Wow your son really should not willingly allow the adoption. I think he needs to fight for his child as best as he possibly can with everything he has. Adoptions are final where as guardianship is not (a better option).

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