GPV after stepparent adoption?

[nidawi]

What is the name of your state? Florida

I have an existing out of state (PA) order for grandparent visitation. It has been granted enforcement here in FL..

Will a stepparent adoption terminate all ex-family's ability to visit and make these evil gpts go away???

Thank you!!!

[brisgirl825]

Nope, sorry.

[rmet4nzkx]

If the grandparents have a visitaiton order from PA and the FL courts have decided to enforce the order, you are leaving out some very important facts, that long story of how you came to be in FL, perhaps? Did you leave PA with the court's permission? What is the status of bio-dad? I don't believe it is the grandparents who are evil here. Initiating a step parent adoption is not going to change the facts.

[tigger22472]

Originally Posted by rmet4nzkx

If the grandparents have a visitaiton order from PA and the FL courts have decided to enforce the order, you are leaving out some very important facts, that long story of how you came to be in FL, perhaps? Did you leave PA with the court's permission? What is the status of bio-dad? I don't believe it is the grandparents who are evil here. Initiating a step parent adoption is not going to change the facts.

Where are you getting that from? This poster only has two posts, is there another name to look up?

[rmet4nzkx]

Originally Posted by tigger22472

Where are you getting that from? This poster only has two posts, is there another name to look up?

All the "facts" are contained in the two posts, each worded slightly differently, here is the first

Today, 02:04 PM
nidawi
Gpts Vistation After Step-Parent Adoption
What is the name of your state? Florida

I have an existing order from PA-where I moved from 18 months ago. They got the visitation order after we moved...long story...

Does a step-parent adoption in Florida terminate all bio family abilities to visit?

Thank you!

and the second one here,

What is the name of your state? Florida

I have an existing out of state (PA) order for grandparent visitation. It has been granted enforcement here in FL..

Will a stepparent adoption terminate all ex-family's ability to visit and make these evil gpts go away???

Thank you!!!

[tigger22472]

Originally Posted by rmet4nzkx

All the "facts" are contained in the two posts, each worded slightly differently, here is the first and the second one here,

Ok.. gotcha.. I had only glanced at the other post earlier and didn't catch the wording.

[rmet4nzkx]

Originally Posted by tigger22472

Ok.. gotcha.. I had only glanced at the other post earlier and didn't catch the wording.

That is because brisgirl825 wrongly taged the first thread as a duplicate post, and of course when a poster posts two different posts with slightly different facts, raises suspition. Yup, the FA crystal ball is still working just fine.

[brisgirl825]

Originally Posted by rmet4nzkx

That is because brisgirl825 wrongly taged the first thread as a duplicate post, and of course when a poster posts two different posts with slightly different facts, raises suspition. Yup, the FA crystal ball is still working just fine.

I am sorry. I, too, glanced over her thread in GP rights and it appeared to be a dup post.
Am I forgiven?

[LdiJ]

Originally Posted by nidawi

What is the name of your state? Florida

I have an existing out of state (PA) order for grandparent visitation. It has been granted enforcement here in FL..

Will a stepparent adoption terminate all ex-family's ability to visit and make these evil gpts go away???

Thank you!!!

It is extremely unusual for FL to grant enforcement for an out of state grandparent visitation order. However, if FL has granted enforcement (and you didn't appeal within the time frame to appeal, which would have virtually guaranteed you a win) then no, a stepparent adoption won't terminate the order.

However, I will give you a piece of advice that won't go over well here.....however it is the truth.

The grandparents can't enforce the order. The court has no option whatsoever to give the grandparents custody if you disobey the order. The only thing that the FL court can do is punish you for contempt. There is no chance AT ALL that a FL judge will jail you for contempt....and little chance that they would fine you either.

The FL supreme court has ruled over and over and over again on this issue...on both in state cases and out of state cases. (originating out of state)

[rmet4nzkx]

Originally Posted by brisgirl825

I am sorry. I, too, glanced over her thread in GP rights and it appeared to be a dup post.
Am I forgiven?

You are forgiven this time, now we'll have to wait to see if op fills in the facts.

[rmet4nzkx]

Originally Posted by LdiJ

It is extremely unusual for FL to grant enforcement for an out of state grandparent visitation order. However, if FL has granted enforcement (and you didn't appeal within the time frame to appeal, which would have virtually guaranteed you a win) then no, a stepparent adoption won't terminate the order.

However, I will give you a piece of advice that won't go over well here.....however it is the truth.

The grandparents can't enforce the order. The court has no option whatsoever to give the grandparents custody if you disobey the order. The only thing that the FL court can do is punish you for contempt. There is no chance AT ALL that a FL judge will jail you for contempt....and little chance that they would fine you either.

The FL supreme court has ruled over and over and over again on this issue...on both in state cases and out of state cases. (originating out of state)

Ldij,
Please refrain from telling OP how a court will or won't rule when we obviously have a distorted account of the facts. We simply have few little facts in evidence to advise, or to even know what is in the children's best interest. Aparently the FL courts have chosen to enforce the order, we cannot encourage posters to break the law to to defy lawful orders of the court. When are you going to learn that? Informing OP that they may have a limited time to appeal or referring them to an attorney is appropriate advice. Stating that you intend to give advice you know won't go over well here, shows that you already know the advice is inappropriate. Send them to your forum if you want to conspire with them, please don't do it here.

[nidawi]

OK, here goes...

There was a visitation order for the paternal gpts around 4 or 5 yrs ago. I was the same one that they just got reinstated. Following hearings, etc. the judge ended up giving them custody of my son. I was later found, on appeal, that the judge 'abused his discretion' by doing so. My son lived with them for 18 months. We got custody back on the appeal 2 yrs ago September. They obviously had a mediation conference and a hearing after we moved to FL (we moved 4/04). The biodad has no contact with the child in over 3 yrs. His rights have not been terminated because we haven't tried because all of our money had gone to fight to get custody back. Now, we were never told we could not move out of state...and have been advised that the court cannot tell you where you can live in the US anyhow, so that's a non issue in my eyes. So, the FL court agreed to enforce the order because I couldn't find an atty that wasn't going to be at a continuing education conference in Orlando on the date of my hearing (Jan '05). So, I had an atty that I wanted to retain write up a Motion for Continuance and I submitted that and served it upon opposing counsel. I was advised that since I had only 19 days to retain counsel and this cont. ed. was going on, I would most likely be granted the continuance...well, we showed up at the hearing expecting to be granted the continuance..and instead was told that the petition for registration and enforcement was granted because I had not responded in time. (come to find out later, the hearing was scheduled before my time actually ran out)...well, then I retained an atty (not the one who steered me wrong) and we had another hearing in June. Well, since the judge and the opposing counsel couldn't remember what happened in Jan. and my new atty wasn't there at all, they all wanted a copy of the transcript to review....and then set another hearing date to determine if my due process rights had been violated...nothing since...except we also went back to PA and tried to get the order Quashed. We found out today that our Motion was denied. So, it seems our only choice is to keep fighting here or appeal there...but if my husband adopts my son, then they are all legal strangers, and this should all stop because gpv has caselaw stating it violates FL families privacy right...we are now a FL family...

Advice now???

Thanks to all...I understand there are people to who support gpv and those who oppose it, I happen to be against it due to the intrusion into the family and it's right to privacy...AND parents right (14th amendment) to care, custody and control over their children. I have never been declared unfit, and have gone through all the false allegations of abuse (sexual and physical,oh, and neglect allegations too...)with these gp, and I am hoping this nightmare will be over for us soon.

[tigger22472]

Originally Posted by nidawi

So, it seems our only choice is to keep fighting here or appeal there...but if my husband adopts my son, then they are all legal strangers, and this should all stop because gpv has caselaw stating it violates FL families privacy right...we are now a FL family...

Seeing as this is already a current order from a court that makes a HUGE difference. It seems PA has jurisdiction over this matter and will likely retain it as long as the grandparents still live there. The step-parent adoption alone will not vacate this. I am even unsure if the courts in FL even has the right to address this matter. And, just so you know... in states across the country grandparents do not always lose the right to file for and recieve visitation after a step-parent adoption. I too am not fond of grandparent visitation but the law must be followed.

[rmet4nzkx]

I don't know where to start.
Your opinion or belief as to what is just or lawful does not justify your actions and ignoarnce is not a defense.

You are correct, a judge cannot tell you where you can move, but a judge can limit where a child moves when there are custody/visitaiton orders. Failure to notify and get permission of the courts to remove the child from the jurisdiction/state is parental child abduction which can in and of it's self make you an unfit parent. Just because you have been successful in interfering with the lawful custody and visitation orders of the court, doesn't entitle you to hide your child in another state and defy the courts. You will not be able to to have a step parent adoption in FL with the family court cases pending in PA. You need to make your appearances in PA and hire an attorney in PA, becuase they have jurisdiction. It is possible for the PA court to order you to return the children to PA.

[brisgirl825]

Originally Posted by rmet4nzkx

You are forgiven this time, now we'll have to wait to see if op fills in the facts.

Thanks.
I will admit that I forget that, for whatever reason, people will "leave out" important facts. I still don't understand why, since we're strangers here and it will invalidate any legal advice that can be given.

I will do better next time.