[Evilin]

My husband and I live in Indiana and have been married a few years now. I adopted his son in 2006. He is now 7 years old. My parents are threatening to sue me for visitation rights. Can they do that? I thought that step-grandparents didn't have rights? Does the adoption, which made me a legal parent, make them legally grandparents? Wouldn't they have to wait until my husband and I to divorce to get rights?

[excon]

Can they do that? ....Wouldn't they have to wait until my husband and I to divorce to get rights?

Hello E:

Sure they can sue... But, they won't win... Even if you divorced, they wouldn't win.

excon

[Synnen]

When you adopt, you are a parent, not a step-parent. They are then legally grandparents, not step-grandparents. Adoption is, legally, EXACTLY the same as if you'd given birth to the child.

Sure, they can sue you. Why do they have to? Do you not involve your parents in your child's life?

[Evilin]

Thank you, that's exactly what I thought. And I do involve my parents in the lives of my children, however they have decided to overstep me when I'm not around because "I don't control what goes on in their home." When I make the argument that I am the parent, they come back with the gp rights. I knew that my youngest son was in the clear because he was born within the marriage. But because I adopted my oldest son and he already has visitation with his biological maternal grandfather, they think they can. Can they or does that mean that because I adopted my oldest when I was married to my husband that they cannot?

[excon]

Can they or does that mean that because I adopted my oldest when I was married to my husband that they cannot?

Hello again, E:

They cannot. Who you were married to at the time has NOTHING to do with it. The issue is grandparent rights... MOST states don't recognize them. That would be MOST. In those that do, these rights are just emerging. Indiana is one such state. Grandparents DON'T automatically HAVE rights in your state. In order to GET them, they need to take you to court. Not agreeing with how you raise your son is NOT enough for a court to ORDER a visitation schedule for the grandparents... It's just not going to happen...

So, the next time they raise gp rights, remind them that they have NONE, and that they visit with their grandson AT YOUR PLEASURE. If they don't like how you raise him, let them try to change it. TWO can play hardball, especially when you're holding all the cards.

excon

[Synnen]

Actually, Indiana has weird grandparents rights laws. You can actually get grandparents visitation after an adoption that DOESN'T involve a step-parent there, I think.

They CAN take you to court for visitation. It would be a stupid waste of money on their part, though--they already HAVE visitation. It's just not on THEIR terms. I sincerely doubt they'd get what they want out of this.

Check with a lawyer to be sure--but I don't think "not getting their way" is enough to get court-ordered visitation.

[ScottGem]

The way I read Indiana law, grandparents have rights when being denied visitation but only in circumstances where they are the OTHER grandparents. In other words, since if they were the child's natural MATERNAL grandparents, and you denied them visitation they could probably win a suit. But since they are the parents of an adoptive mother, especially when you are not totally withholding visitation, for then to pursue court action would likely be deemed as frivolous and thrown out.

The next time they threaten gp rights give them a copy of the law: About.com: http://www.ilga.gov/legislation/ilcs/documents/075000050K607.htm

And tell them to feel free to waste their money.

[Evilin]

Thank you so much! I appreciate everyone's help!

[Evilin]

ScottGem,

Thanks for your help. I looked over the link you posted, and while it is very informative, it still doesn't say whether my parents have rights through my adoption. Or maybe I missed it somewhere. Thanks!