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Biological Grandmother Rights?

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C

cadance

Guest
What is the name of your state?
Wisconsin

- birthparents are not married, age 15 1/2
- signed termination of parental rights papers
- baby (newborn) in temp. custody w/interim foster parents for
30 day waiting period
- Prospective adoptive parents notified, have not made
appointment to see yet
- biological grandmother just found out baby was born 10 days
ago
- upset she wasn't notified when born
- does she have any legal rights for guardianship, adoption,
or other? Thank you
 
Last edited:


sroutlaw

Member
http://www.legis.state.wi.us/statutes/97Stat0048.pdf

Here is the law, code for code.

http://www.adoptionlaws.org/wisconsin_consent_laws.php
Easy reading version

http://www.divorcesource.com/info/grandparents/states/wisconsin.shtml
grandparent visitation rights in wisconsin

http://www.adoption.com/suites/hayes/articles/rights.html
very recent legal opinion on gp rights in WI after adoption and their right to petition DURING adoption proceedings by strangers

http://public.findlaw.com/divorce/nolo/ency/1019223D-59A2-4A25-9B6DA99AD0406A0F.html
good summary of recent Supreme Court ruling on gp visitation rights.

Basically, you have no right to intervene or prevent the adoption - parents, even young ones, have the right to decide who adopts their child. You have no right to disrupt that. You can petition the court for vistation, but if that motion is even heard, it will be short lived in the very likely case, because the 40 days is about expire for the birth mom to "change her mind" and you will only be heard before that time. After that her rights (and gps with them) no longer exist in the eyes of the court. If the child was older and you had a parent-child relationship with it you MIGHT have a shot, but you don't, and you don't so save yourself time and money!

As always, just an opinion and no doubt some hard core take everything to court (and waste lots of money) so the judge can tell you the same thing I just did folks will hop in any minute :)

B
 

sroutlaw

Member
http://www.legis.state.wi.us/lc/jlc00/LM_2000_1.pdf
legislation on the subject

Pretty much says that you have no right to intervene, that you MIGHT petition for visitation only but that is not by any means secure given that you have no "ongoing" relationship with that baby.

Can I ask why you would feel the need to interrupt the decision of this baby's parents? It seems pretty mature to me that they are considering the baby first, giving it parents who are mature and a home to go to as opposed to the mishmash most teen parent babies end up in.
 
C

cadance

Guest
Biological GP Rights?

Thank you for your post sroutlaw. I am happy with the information you provided. The Grandmother I referred to was not myself, it was the birth fathers mother. She had threatened her son to not give the baby up, which he thought seriously about doing. Fortunately, he came to his senses and realized my daughter was doing the most selfless, loving thing she could do for their baby.

My husband and I did not want any trouble with her, as we have been through enough. And we didn't really want to end up fighting it out in court. Funds are low. Husband lost his part-time job. I was hospitalized in March with pneumonia and not to mention the medical bills for our daughter and the baby. Do you think she offered anything? A phone call, a tylenol? No she didn't. When her son told her the baby had been born and he signed the papers and the birthmother and the baby were no longer in the hospital she kicked him out of the house. Thank God for loving people who have waited for what it must seem like a lifetime to adopt a white healthy baby girl. I can't wait until they see and hold the baby in their arms and know that she is their's for life. I love my daughter with all that I am and as hard as it was for her (am me) to let go of this precious life, deep in our hearts we know God showed us how.
 

sroutlaw

Member
Cadance,
I am glad to hear it. The baby will bless you in the end, I am sure of it. Kids need above all a healthy, happy, intact home with mature parents. Blood is secondary to that :)
Steph
 

Bay1954

Member
Cadence--you and your family are showing the ultimate form of love--good luck to all of you and to the precious baby. You are doing the right thing--you are all putting the child first.
I pity the other grandmother that she can not see the wisdom in this. Perhaps one day she will.
 

nextwife

Senior Member
SOOOO glad that you were able to see a good result for the baby. Ultimately, this is likely the best thing for these very young parents as well- too bad the other grandparents couldn't see that.

We never met our daughter's bioparents, as she was an orphanage child, but we are so very thankful that she is with us, and facing a very bright future. I am sure the new parents are ecstatic and that this child will be very loved and well-cared for.

Best wishes to you all.
 

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