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  1. #1
    nursebethany81 is offline Junior Member
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    Stepparent adoption and terminating grandparent rights

    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
    Last edited by nursebethany81; 04-25-2010 at 09:54 AM.
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by nursebethany81 View Post
    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?
  3. #3
    nursebethany81 is offline Junior Member
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    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.
  4. #4
    stealth2 is offline Senior Member
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    Quote Originally Posted by nursebethany81 View Post
    paternal father
    Is there any other kind?
  5. #5
    nursebethany81 is offline Junior Member
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    any other kind what?
  6. #6
    Seanscott is offline Member
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    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
  7. #7
    Proserpina is offline Senior Member
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    Quote Originally Posted by Seanscott View Post
    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.
  8. #8
    Proserpina is offline Senior Member
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    Quote Originally Posted by nursebethany81 View Post
    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.
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by Seanscott View Post
    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?
  10. #10
    Zigner is offline Senior Member
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    Quote Originally Posted by nursebethany81 View Post
    any other kind what?
    You were being teased a bit. Paternal means from the father's side. A father IS paternal, by definition
  11. #11
    nursebethany81 is offline Junior Member
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    I do have a lawyer...I just wanted to know what others have to say. No the biological father is incarcerated.
    Last edited by nursebethany81; 04-24-2010 at 07:49 PM.
  12. #12
    Zigner is offline Senior Member
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    Quote Originally Posted by nursebethany81 View Post
    I do have a lawyer...I just wanted to know what others have to say
    You need to ask the questions of your LAWYER. Not a bunch of strangers on the 'net.
  13. #13
    nursebethany81 is offline Junior Member
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    I am going to on Monday.....just didn't want to have to wait
  14. #14
    Seanscott is offline Member
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    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.
  15. #15
    stealth2 is offline Senior Member
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    Quote Originally Posted by nursebethany81 View Post
    any other kind what?
    Any other kind of father. Do you KNOW what "paternal" means?
    Last edited by stealth2; 04-25-2010 at 08:36 AM.

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