father signed rights away & wants visitation

[strahle]

My daughter was adopted by my husband last summer, her father signed over his rights. I agreed to 2 weeks during the summer with his mother, she went last summer and stayed with her father, he told me it was because his mother was going through a depresstion. It has been 6 months and no contact at all, they sent Christmas presents but never a phone call or letter. Her father has never paid CS or made any effort at all for a relationship with her, now he is calling wanting to know when he can get her this summer. She doesn't want to go, and I don't want to make her it was agreed in court for the grandmother to recieve the visits but can she make her go? My daughter is 13 yrs. old & only knows her grandmother from packages at holidays. I agreed only because my daughter said she wanted to go last summer and she was 12 at the time with my father living a mile away from her father. What can I do? We live in GA they live in FL. Thanks, Kim

 

[Ukiah]

My daughter was adopted by my husband last summer, her father signed over his rights. I agreed to 2 weeks during the summer with his mother, she went last summer and stayed with her father, he told me it was because his mother was going through a depresstion. It has been 6 months and no contact at all, they sent Christmas presents but never a phone call or letter. Her father has never paid CS or made any effort at all for a relationship with her, now he is calling wanting to know when he can get her this summer. She doesn't want to go, and I don't want to make her it was agreed in court for the grandmother to recieve the visits but can she make her go? My daughter is 13 yrs. old & only knows her grandmother from packages at holidays. I agreed only because my daughter said she wanted to go last summer and she was 12 at the time with my father living a mile away from her father. What can I do? We live in GA they live in FL. Thanks, Kim

If your daughter was legally adopted by your new husband (through courts), then your daughter's father IS your new husband. Her biological father doen't have any legal rights to her, he relinquished his parental rights. His family doesn't have any rights to her either, as of the date he consented to signing over his parental rights. He is not responsible for any further child support and should not have any contact with the child.

The only way for him to get them back is to say he was somehow "tricked" into relinquishment.

 

[MySonsMom]

Was this 2 weeks visitation to the Gparents in the adoption decree? Or was this just something between you and the Gparents?

If the Gparents cannot excercise their agreement, you do not need to allow the 2 weeks to go to the bio Father. He has no rights, or anything to your daughter any longer.

If the 2 weeks was not in the decree, then you do not even have to allow her to go with the Gparent's if you wish not to. So it just depends on your answers here on what you can/should do.

 

[strahle]

Its in the decree

Yes it is in the adoption decree to allow the Gmother summer visits. During the last visit (which is the only one so far) she stayed with her bio-dad, against my wishes. I like the grandmother and feel she is a good person but after the last visit I am afraid she is abit mentally unstable. When we agreed on the summer visits I didn't think this & thought it was going to work out fine. Do I have to abide by the agreement or can I let my daughter decide without the grandmother taking me to court?
Thanks, Kim

 

[MySonsMom]

Then you have to allow the GRANDPARENTS to have the 2 weeks. If they are not taking the child, then the child does not go.

Explain to them that you will allow only them to have visitation with the child. And if they disobey the court ordered visitation by allowing the bio Father to have her, you will take them to court to have the 2 week visitation eliminated.

Send this to them in a letter, (so you have proof that you addressed the issue) and make sure you send it with return receipt; so you can prove that they received the letter.

Good luck.