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    freemystical's Avatar
    freemystical Posts: 1, Reputation: 1
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    #1

    Feb 26, 2011, 10:58 PM
    Grandparent adoption
    I have a daughter who is almost 3 years old and she has lived with her mothers mom since birth. We are no longer together and I got mixed up with the wrong crowd and ended up in some trouble where I have been sentenced to 15 years in prison but I am getting an appeal and my lawyer seems confident that I will not serve this much time. Anyway her mother has refused to let my mother even see my daughter and other family members say she is going to try to adopt my daughter. She does have guardianship of her due to me testing positive for hydros as I was prescribed them,but her daughter tested positive for meth and other drugs. I was told that once my legal obligations were met I could see her without supervision. Is it possible for her to adopt my daughter without my permission.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 26, 2011, 11:22 PM

    Possible, but not likely. With a criminal record, she MIGHT be able to force a Termination of Parental Rights (TPR). I would tell your parents to file as Grandparents for Visitation. Many states have laws about Grandparent rights (ANY question on law needs to include your general locale as laws vary by area.). This would help forestall and adoption attempt.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 27, 2011, 08:20 AM

    The Court is going to look at your sentence, not your odds of winning an appeal.

    Without knowing the State - as Scott says - this is impossible to answer 100%. In some States Grandparents have rights; in other States, they do not.

    I would say it's near impossible for the child to be adopted without your consent.

    I also question who told you/guaranteed that you could see the child unsupervised when your time is up - I've NEVER heard a Judge (or anyone else) make that type of guarantee because of the variables.
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