Rights After Adopt.

[in2deep101]

What is the name of your state?Georgia
Say the Bio dad signed his rights away to a stepparent adoption but the bio mother still wanted the children to know their bio dad and allowed the bio family visitation rights. Is there anything that can be done on the bio dads part to get back his rights?

[brisgirl825]

Of course not. He's a legal stranger and mom doesn't even have to allow the visits.

according to ga law, rights do not terminate in a stepparent adoption, meaning his parents could file for visitation rights, and if they win, his family could see the child/ren when they are with the grandparents.

[Shay-Pari'e]

Originally Posted by westcoastdaddy

according to ga law, rights do not terminate in a stepparent adoption, meaning his parents could file for visitation rights, and if they win, his family could see the child/ren when they are with the grandparents.

Look Idiot, you are wrong! As usual.

[rmet4nzkx]

Originally Posted by in2deep101

What is the name of your state?Georgia
Say the Bio dad signed his rights away to a stepparent adoption but the bio mother still wanted the children to know their bio dad and allowed the bio family visitation rights. Is there anything that can be done on the bio dads part to get back his rights?

While steparent adoption legally severs the bio parent's rights per se, it does not erase the children's memories or future desire to know their bio parent. Can a child have too much love? So, if mom is willing to continue visitation that may be a good thing if all parties can cooporate, it doesn't give him standing to petition for custody rights per se. It would be possible depending on the situation for them to petition for visitaiton as a de facto parent or to be appointed a standby guardian. No one can say how a judge will rule or advise without the facts.

[LdiJ]

I am uncomfortable with some of the answers that have been given here.

The bio dad cannot obtain any rights at all at this point. He is a legal stranger to the child.

The child's grandparents have a statutory right to file for visitation rights, however case law in GA makes it extremely difficult for gps to win that kind of suit...AND, if the gps were to use that visitation to faciliate visitation between the child and the bio-dad, against the legal parent's wishes, it would be grounds to vacate any visitation orders. That is a big NO NO.

Its great that mom feels that its in the child's best interest to continue to have a relationship with the bio-paternal family. Don't disrupt that by making any waves regarding the biological father.

i am NOT wrong this time. i have a book right in front of me called grandparents rights and i have it turned to the state of georgia. it says and i quote " rights do not terminate as long as the adoption is by a blood relative of the child or by the child's stepparent" if you dont believe me, go look it up!

[brisgirl825]

Originally Posted by westcoastdaddy

i am NOT wrong this time. i have a book right in front of me called grandparents rights and i have it turned to the state of georgia. it says and i quote " rights do not terminate as long as the adoption is by a blood relative of the child or by the child's stepparent" if you dont believe me, go look it up!

Kelly, this isn't about GP rights. The OP clearly asked, "Is there anything that can be done on the bio dads part to get back his rights?"

When you posted, you said "rights do not terminate" which is not true. His rights were terminated. The grandparents have standing, not "rights", to sue for visits. GPs are not given rights, until a CO allows them.

[LdiJ]

Originally Posted by westcoastdaddy

i am NOT wrong this time. i have a book right in front of me called grandparents rights and i have it turned to the state of georgia. it says and i quote " rights do not terminate as long as the adoption is by a blood relative of the child or by the child's stepparent" if you dont believe me, go look it up!

Now go read all of the case law from the higher courts in GA on that statute...and then you will know how the law works in GA. However, as the previous poster stated, the OP's question had nothing to do with grandparent visitation rights.

[Grace_Adler]

Just to kind of sum up what everyone else said, if you're asking if the bio father can ever go to court to get a visititation or custody order, then no, he can't.

However, if the bio mother says it's ok for the bio father to visit with the childern, then yeah, that's fine. It's no different than if she were to let other family members and friends visit with them but that's about the extent of it. He's playing by the mother's rules now so whatever she allows is what he can do and that's it.

"Say the Bio dad signed his rights away to a stepparent adoption but the bio mother still wanted the children to know their bio dad and allowed the bio family visitation rights. Is there anything that can be done on the bio dads part to get back his rights?"

You did mention the bio family's rights too, so I don't know if you're asking if they have rights or not. If you are, that would include extended family such as grandparents. Evidently in GA, bio grandparents can file for visitation rights but there is no guarantee they would get it and they would only be able to file under what GA says they can file under and certain things are taken into consideration like if it's in the child's best interest, previous relationship, etc.

[Shay-Pari'e]

You actually expect Kelly to read? I think you may have your hopes to high L.

[in2deep101]

thank you all for your input although this is the situation. this woman has allowed these children to know thier bio. father and for him to love them and care for them and for them to become a part of his wife and childrens lives, but when something doesnt go her way she snatches them back,until she gets tired of dealing with them. (not only do I think this is messing with the childrens lives but with the father and his family as well.) the adopted father has allowed this even tho' he doesnt agree. the woman has said that if a lawyer could draw up some papers stating that the bio father can have visitation rights then her husband and she will sign. BUT the big question is....Will the bio father be able to find a lawyer that will do this?

[brisgirl825]

Originally Posted by in2deep101

thank you all for your input although this is the situation. this woman has allowed these children to know thier bio. father and for him to love them and care for them and for them to become a part of his wife and childrens lives, but when something doesnt go her way she snatches them back,until she gets tired of dealing with them. (not only do I think this is messing with the childrens lives but with the father and his family as well.) the adopted father has allowed this even tho' he doesnt agree. the woman has said that if a lawyer could draw up some papers stating that the bio father can have visitation rights then her husband and she will sign. BUT the big question is....Will the bio father be able to find a lawyer that will do this?

Those papers will mean nothing, despite who signs them, draws them up, or if they are notarized. Until a CO grants dad visitation, mom can deny vists for any reason.

[LdiJ]

Originally Posted by brisgirl825

Those papers will mean nothing, despite who signs them, draws them up, or if they are notarized. Until a CO grants dad visitation, mom can deny vists for any reason.

In addition, even if a judge signs the agreement, its unlikely that it would be enforceable. I am truly sorry, but he is now a legal stranger to the children.
He absolutely does not have standing to sue for visitation rights in GA.