Contesting Adoption

[Ipswich]

What is the name of your state? Florida--but the adoption occurred in Georgia.

In July 2007 the Georgia courts terminated the parental rights of our daughter and we adopted our granddaughter (we have had permanent custody for a 2.5 years). The child's father had only supervised visitation (he molested the child) before he died of a drug overdose prior to the adoption.

The dead birth father's parents want visitation and they are saying they will contest the adoption. During the permanent custody they let the child around the parents unsupervised and other times with the parents high when the court ordered they would supervise the parents visitation. They have lied to us in the past and we know it is not in her best interest to have these people in her life. We are Florida residents. They are residents of Georgia.

We do not think they have any standing to contest the adoption. Do they?

The child has been through counseling and is now doing extremely well and is very happy and adjusted in our family.What is the name of your state?

[Blue Meanie]

During the permanent custody they let the child around the parents unsupervised and other times with the parents high when the court ordered they would supervise the parents visitation. They have lied to us in the past and we know it is not in her best interest to have these people in her life. We are Florida residents. They are residents of Georgia

.


Did the court find that they allowed unsupervised visitation? Is there proof?

[Ipswich]

The grandfather admitted it in court and it was when the grandmother was out of town. After that the grandmother had to supervise the visitation with the parents. Then the grandmother allowed the child around both parents when they were high for 3 days during court ordered holiday visitation. She went to the guardian ad litem and told them she let this happen and it is documented by the guardian ad litem to the court. She was upset they were high the whole time but didn't stop the visitation or tell us when was going on until it was over. The child ended up in counseling after that visitation.

[LdiJ]

Originally Posted by Ipswich

The grandfather admitted it in court and it was when the grandmother was out of town. After that the grandmother had to supervise the visitation with the parents. Then the grandmother allowed the child around both parents when they were high for 3 days during court ordered holiday visitation. She went to the guardian ad litem and told them she let this happen and it is documented by the guardian ad litem to the court. She was upset they were high the whole time but didn't stop the visitation or tell us when was going on until it was over. The child ended up in counseling after that visitation.

While all that might be an issue in relationship to grandparent visitation, its not really relevant regarding contesting the adoption...if the adoption is final.

If the adoption is final, it should be too late for them to contest it. That should have happened as part of the adoption case itself, not afterwards.

If the adoption is not final, then yes, they can contest, but the existing proof that they were inadequate supervisors of the parent's visitation would pretty much knock them out of the running.

If jurisdiction is in Florida, and you and your husband are now the legal parents of the child, then they don't have a decent chance of winning any grandparent visitation either.

[seniorjudge]

Were the grandparents noticed in to the original lawsuit?

If not, then their rights were not terminated.

[Ipswich]

In Georgia they were not required to be noticed but did know. They called the judges clerk and said they would attend and did not show. The judges clerk told them they could attend and bring a lawyer if they had any issues on the adoption. They told her they thought the adoption should go through but wanted visitation. They did not show up.

[Ipswich]

Thank you for your questions and replies. We spoke with them today and they said they did not know about the adoption proceeding and will be trying to get it "set aside." They said they have 6 months to do so.

The judges' clerk and the adoption clerk know they did know about the date/time of the adoption and they were told they could attend with a lawyer or without, if they had any issues. They didn't show up and are now lying about knowing. We explained that the clerks' both knew they did know.

We plan to just wait and see if they take us to court. We will go to court because we know it is in our daughter's best interest that they are not in her life.

Will let you know what happens.

[LdiJ]

Originally Posted by Ipswich

Thank you for your questions and replies. We spoke with them today and they said they did not know about the adoption proceeding and will be trying to get it "set aside." They said they have 6 months to do so.

The judges' clerk and the adoption clerk know they did know about the date/time of the adoption and they were told they could attend with a lawyer or without, if they had any issues. They didn't show up and are now lying about knowing. We explained that the clerks' both knew they did know.

We plan to just wait and see if they take us to court. We will go to court because we know it is in our daughter's best interest that they are not in her life.

Will let you know what happens.

If they were not required to be served/notified of the adoption, then they have no standing to challenge it or have it set aside.

However, they may have standing to re-open the case to try to have grandparent visitation ordered.

They would not be able to get a grandparent visitation order in FL, but if they can get GA to make an order FL might enforce it.

Your adoption attorney would be the best person to consult.

[Ipswich]

Thank you. We spoke with our adoption attorney and he agrees and believes they have no standing to contest the adoption. However, they may try for visitation.

The adoption is final. I don't understand how they can be still considered "grandparents" if no one on their side of the family had any right to be notified or part of the adoption in the first place. Their son (who molested the child while under their supervision) died prior to the adoption. If they had still had rights it seems they would have had to be noticed for the adoption. Our attorney said they did not have to be noticed. They did know and decided not to show up for the court date. We drove from Florida and they didn't bother to drive across town.