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Grandparents rights after adoption
My biological mother gave me over to her mom (my bio grandma) at my birth. I was raised as my grandma's daughter all my life. I was never officially adopted by her as my bio dad did not know I existed.I had a son of my own and went through a divorced when I was 26. My son is now 10 years old and my bio mom is threatening to take me to courts for grandparetns rights. I am worried as she in the past was verbally abusive to me and also has tried to physically abuse me. I am fearful what may happen if she gets rights to my son. Please advise! I ama single mom and have only about $200-250 dollars a paycheck remaining and can't offord a lawyer... I am sooo scared. I am sick to my stomach and so fearful for my and my sons well being.
Thank you so much for your time. |
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Your question is misleading since there has never been an adoption. What her rights are depends almost 100% on 2 factors: her relationship to the child and the state that you and the child live in. When I say her relationship, does she babysit regularly? Have you ever lived with her? Has she ever been an extended caretaker of the child? |
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If she has not been a part of your or your child's life, the court is VERY unlikely to grant visitation. She may be able to file a complaint and have it heard by the court, but the Ohio laws state that the first 2 determining factors whether to grant visitation or not are the wishes of the parent and the preexisting relationship with the grandparent and the child. Those are two strikes against your mother right from the start. The law is not in place to let a grandparent circumvent the wishes and parental rights of the parent. Its in place to provide a legal link to the child in the absence of a parent either through death or divorce. In other words, your exhusband's parents have a much better chance of getting visitation than your own do. |
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