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    tinkerbell77's Avatar
    tinkerbell77 Posts: 96, Reputation: 6
    Junior Member
     
    #1

    Jul 24, 2007, 11:44 AM
    Step parent addoption and grandparent visitation
    Hello,
    I've been on here before and have crazy drama from the past. So I'll try to explain what is going on. In any case our court hearing is over. My ex did not get any more then every other weekend with my two older children I have with him. He was asking for 50/50 and can't stay in one place more then 6 months. He's been so in and out, the judge recommended every other weekend when he is in the area. He's already not showing for it all the time. He is now asking that my new husband adopt the kids. My husband is more then happy to adopt them. And we want to move forward with the adoption.
    But, to make things a little more complicated... I have a question... When we went to court and my ex was granted every other weekend. My parents were fighting for grandparent visition of my children. In my state they can get visitation if there is a divorce or death. So with the older two they were awarded a one day visite from 10 am to 7 pm, 3 times a year. For my youngest child that I have with my new husband, they were not granted any thing, per state law. Since we are married and no death they could not get anything... And the judge did recognize the abuse and that is why she only granted the 3 days a year and no over night and transfers threw a supervized visitation center. The kids are to go to councling after every visite to ensure they aren't being abused. IF there becomes hard evedence then there visitation will be removed. SOOO, If my husband ends up adopting my two older children, does the grandparent visitation get thrown out?? I think it would be even more confussing to the kids if they were adopted by my husband and still had to go. They went once already and hid under the bed, came home with bruses (I had photo's taken) and the councler mad note of it. They didn't understand why the baby didn't have to go, and I said "it's can't you have different dads" that didn't make since, since they were going to my parents house. BUT, if they get adopted, then it would probably be even more confussing that the little one didn't have to go. Does any one know if they would still have to go after the adoption is final?? Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jul 24, 2007, 12:41 PM
    You will need an attorney to handle the adoption ask them. This is a finer point of law and may not be addressed clearly.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #3

    Jul 29, 2007, 03:22 PM
    If your husband were to adopt these children, it would not affect the grandparents' visitation. Their status as grandparents would not change as a result of the adoption. Just explain to your children that, since they (your parents) are their grandparents, the judge has ordered that they have their 3 yearly visits. Explain to them that your parents are not the baby's grandparents, which is why the baby doesn't go on these visits. Of course, continue to carefully monitor your parents' visits with your children as you have been doing.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #4

    Aug 6, 2007, 11:40 PM
    Quote Originally Posted by s_cianci
    If your husband were to adopt these children, it would not affect the grandparents' visitation. Their status as grandparents would not change as a result of the adoption. Just explain to your children that, since they (your parents) are their grandparents, the judge has ordered that they have their 3 yearly visits. explain to them that your parents are not the baby's grandparents, which is why the baby doesn't go on these visits. Of course, continue to carefully monitor your parents' visits with your children as you have been doing.
    Wrong answer!
    Adoption is the legal act of permanently placing a child with a parent or parents other than the birth mother or father. An adoption order has the effect of severing the parental responsibilities and rights of the birth parents and transferring those responsibilities and rights onto the adoptive parent(s). After the finalization of an adoption, there is no legal difference between adopted children and those born to the parents.
    After Troxell the Supreme Court of the USA does not recognize the rights for visitation for grandparents without extreme circumstances as death of biological father but in these cases grandparents have to show consideration for the adoptive parent.

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