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Stepparent adoption and terminating grandparent rights

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nursebethany81

Junior Member
I live in Indiana. My husband has filed to adopt my daughter. We have been married a year and a half, and living together 3 yrs. We are still waiting on biological father to respond or object; he is in jail. He has been there for 2 1/2 yrs. Grandparents already have court appointed vistation- which I absolutely do not agree with.
Grandparents have filed an objection to the adoption. Can they do that? I thought the father was the only that could object and he has not done so.
Also, is it possible that their rights(the grandparents) can be terminated with the adoption?
Thank you
 
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Proserpina

Senior Member
I live in Indiana. My husband has filed to adopt my daughter. We are still waiting on paternal father to respond; he is in jail. He has been there for 2 1/2 yrs. Grandparents already have court appointed vistation- which I absolutely do not agree with.
Grandparents have filed an objection to the adoption. Can they do that? I thought the father was the only that could object and he has not done so.
Also, is it possible that their rights can be terminated with the adoption?
Thank you

They don't have any rights to terminate.

Have the grandparents been part of the kids' lives?
 

nursebethany81

Junior Member
The grandparents of my daughter already have court appointed visitation, that they won in court, due to the fact their son is in jail for child molesation of another girl and can't exercise his visitation. So yes, they have been a part of my daughter's life, not to my liking.
 

Seanscott

Member
In Indiana the father has 30 days to respond to the petition to adopt. If he fails to contest it, his consent is implied. I wouldn't ask him about it, I'd just hope he doesn't answer within the 30 days.

If the father's parental rights are terminated he becomes a "stranger" to the child with no rights at all. I don't know about the grandparents' "rights", but normally when the father's rights are terminated his whole family becomes "strangers" also.

We have gone through the step-parent adoption process in Indiana. Feel free to email me if you wish.

Good luck
 

Proserpina

Senior Member
In Indiana the father has 30 days to respond to the petition to adopt. If he fails to contest it, his consent is implied. I wouldn't ask him about it, I'd just hope he doesn't answer within the 30 days.

If the father's parental rights are terminated he becomes a "stranger" to the child with no rights at all. I don't know about the grandparents' "rights", but normally when the father's rights are terminated his whole family becomes "strangers" also.

We have gone through the step-parent adoption process in Indiana. Feel free to email me if you wish.

Good luck

Seanscott, there are complicating factors here. In this instance, the grandparents already have court-ordered visitation; their right to visitation may well survive a step-parent adoption.
 

Proserpina

Senior Member
The grandparents of my daughter already have court appointed visitation, that they won in court, due to the fact their son is in jail for child molesation of another girl and can't exercise his visitation. So yes, they have been a part of my daughter's life, not to my liking.

You absolutely need an attorney to help you with this. I cannot emphasize this strongly enough.
 

Zigner

Senior Member, Non-Attorney
In Indiana the father has 30 days to respond to the petition to adopt. If he fails to contest it, his consent is implied. I wouldn't ask him about it, I'd just hope he doesn't answer within the 30 days.

If the father's parental rights are terminated he becomes a "stranger" to the child with no rights at all. I don't know about the grandparents' "rights", but normally when the father's rights are terminated his whole family becomes "strangers" also.

We have gone through the step-parent adoption process in Indiana. Feel free to email me if you wish.

Good luck
Careful there - are you sure that things aren't a tad different due to the father being incarcerated?
 

nursebethany81

Junior Member
I do have a lawyer...I just wanted to know what others have to say. No the biological father is incarcerated.
 
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Seanscott

Member
You are right, Prosperina. I've found a blog that states "A supreme court case in Indiana held that a grandparent that is biologically related is still a biologically related relative regardless of adoption or change in parental rights of the children. They are still grandparents"

Now, coming from a blog I realize the source may be suspicious. I will do some more research.
 

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