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Kentucky Grandparent Rights

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PoppyTee

Junior Member
What is the name of your state (only U.S. law)? Indiana/Kentucky

A brief summary of the situation is: I adopted my wife's children from a previous marriage. The ex-husband willingly gave up his legal rights to both children. The adoption process was conducted through the Indiana court systems.

Now, my wife and I are looking to move back to Kentucky to be closer to family and friends. What rights would the grandparent have to get back into our children's lives? Circumstances too long and complex to discuss here dictate that we would NOT want them involved at all.

Thanks
PoppyTee (concerned dad)
 


Rushia

Senior Member
The parents of the father who allowed his children to be adopted by another man might have a standing huh? Isnt that given up in the adoption? any contact with natural father and family? weird if its not.

why is that?
No it's not given up by adoption. Many states statutes include verbiage that gpv survives adoptions. For example: in NY our statute states that you must be a legal or biological grandparent to sue for visitation.
 

Indiana Filer

Senior Member
Of course, I don't know every case in Indiana, but I have been privy to a few. The only successful case I have seen is one in which the father was killed. His parents were able to successfully win grandparent visitation with his children.

The oldest child got to stop going on those visits when she turned 18. She still visits so that her younger sister, now 16 1/2, doesn't have to go alone. Only 15 more months, and they both say they never plan to see the grandparents again.
 

TinkerBelleLuvr

Senior Member
In which state is the biological dad give up parental rights? Kentucky or Indiana? Is the assumption here that the grandparents live in Kentucky? How long ago was the adoption? Has there ever been requests to see the children AFTER the adoption?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Indiana/Kentucky

A brief summary of the situation is: I adopted my wife's children from a previous marriage. The ex-husband willingly gave up his legal rights to both children. The adoption process was conducted through the Indiana court systems.

Now, my wife and I are looking to move back to Kentucky to be closer to family and friends. What rights would the grandparent have to get back into our children's lives? Circumstances too long and complex to discuss here dictate that we would NOT want them involved at all.

Thanks
PoppyTee (concerned dad)
I can give you lots of advice, but in order to do so, I need to know why you are concerned about the grandparents initiating legal action in relationship to your family moving to KY.

However, I can give you a couple of specific facts....

1) Standing to sue for gpv survives a stepparent adoption in both IN and KY. (however standing does not mean that a grandparent will be granted visitation).

2) The grandparents would not be able to legally stop your family from moving.
 

PoppyTee

Junior Member
A few more details ...

In which state is the biological dad give up parental rights? Kentucky or Indiana? Is the assumption here that the grandparents live in Kentucky? How long ago was the adoption? Has there ever been requests to see the children AFTER the adoption?
I filed for and was granted adoption in Indiana. The grandparents and the bio-dad live in Kentucky. The adoption was finalized 6-7 months ago. No contact has been attempted by the bio-dad for over 2 years or the grandparents for over a year. No request for visits has been made by the grandparents for over a year and a half.
 

PoppyTee

Junior Member
Just a few more details ...

I can give you lots of advice, but in order to do so, I need to know why you are concerned about the grandparents initiating legal action in relationship to your family moving to KY.

However, I can give you a couple of specific facts....

1) Standing to sue for gpv survives a stepparent adoption in both IN and KY. (however standing does not mean that a grandparent will be granted visitation).

2) The grandparents would not be able to legally stop your family from moving.
Without getting too specific, during supervised visits held at the grandparent's home both children were exposed to an individual our oldest child had claimed abused him. Also, the grandparents in question have refused in the past to "get on board" with our therapy plan for both children.
 

LdiJ

Senior Member
I filed for and was granted adoption in Indiana. The grandparents and the bio-dad live in Kentucky. The adoption was finalized 6-7 months ago. No contact has been attempted by the bio-dad for over 2 years or the grandparents for over a year. No request for visits has been made by the grandparents for over a year and a half.
Then why do you think its even going to be an issue? You and your wife certainly have no obligation to keep in contact with them or even tell them where you are living.
 

PoppyTee

Junior Member
Then why do you think its even going to be an issue? You and your wife certainly have no obligation to keep in contact with them or even tell them where you are living.
I fear that IF they found out we lived nearby again, we would have to deal with cumbersome legal issue again along with a regression of our children's behavior due to their influence and (most importantly) they could become exposed to the abuse I mentioned before, again.
 

LdiJ

Senior Member
I fear that IF they found out we lived nearby again, we would have to deal with cumbersome legal issue again along with a regression of our children's behavior due to their influence and (most importantly) they could become exposed to the abuse I mentioned before, again.
The way that I see it, is that you either stay away from KY if are seriously concerned...OR, you simply live your lives as you choose, and don't fret about what the future may hold.

Me, I would opt to live my life the way that I choose. Why? Because if they are inclined to sue for visitation rights, they can do so in Indiana as well.
 

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