need advice !!

What is the name of your state?Ca

Last year, I officially adopted my daughter(step)

The father did fight(well some what) long story. He eneded up w/ 1 monitored visit a month for 3 hours each at his mothers house.

Well, my wife and I have been very nice to his mother and our daughter actually see's her once a week for a couple of hours. But recently she has lied to us and gone behind our back and giving her son more rights than the court order says. She is getting nasty w/ us and now stating if we don't let her see our daughter she is going to go to court for her grandparent rights.

re: the court paper work, my wife and I are the biological,natural parents.

Does this women have any ground to stand on ?

She is just blowing smoke. Her own son is not even the legal father to your child - correct. It doesn't matter anyway, tell her to to read "Troxel vs. Granville" (2000) 530 U.S. 57. She will get nowhere fast if she tries to file in court.

SNOSTAR,

You are correct, her son was the natural father, but since I have adopted her

the court paper clearly states that I am now the natural,biological father. And it says that it is a non-reversable decision.

Is there a link , so I can read "Troxel vs. Granville"


Thank you for your help !

I just find it very odd, that he has no parental rights, yet does have court ordered visitation even if it is supervised it is not the norm.

Here's one link:
http://supct.law.cornell.edu/supct/html/99-138.ZO.html

Edit: And legally she would not be recognized as a grandparent, but basically a stranger filing for visits.

yes, we were very disapointed w/ that.

We feel the same way, why does he still get rights, even though he signed his legal rights away?

if he misses 3 consecutive visits he looses all visiatations......we are hoping for that...!

snostar said:

And legally she would not be recognized as a grandparent, but basically a stranger filing for visits.

Click to expand...

I just want to say that I thought this too. My husband adopted my children and I have found that in even those situations, depending on the judge, they are allowing biological grandparents visitations.

OP please speak to an attorney about this. Depending on the judge of the area depends on the answer.

Thank you for the information.

My wife is going to call our lawyer this week and ask her about this.

obviously we are not the only ones going through this, I hope the best to everyone that goes through family problems, it is very hard and stressfull.

As an adoptive parent I find it very odd that an adoption would cause the child's BIRTH records to state that an adoption makes the adoptive parent the BIOParent (or to use your language "Natural" - which is a term considered non-PC in the adoption community because all kids and all parents are "natural" or "real").

While my husband and I are fully and totally our daughter's legal parents, and the court records declare us such, they don't attempt to reverse the actual biology and change us into her BIRTH or bioparents- which we are not and never can be.

Not being the birth parents does not take away from us being her true/legal parents.

How can you BECOME your adoptive child's BIOPARENT via adoption?

Nextwife,

I agree w/ you . I am only stating exactly words from the court paper work.

The father signed his rights away infront of us and the judge,which who asked him many times if he(the father) understood what he was doing and that it was non-reverseable. and from that point on was not the father nor should he be refered to as the father of my daughter.

DAD1 said:

What is the name of your state?Ca

Last year, I officially adopted my daughter(step)

The father did fight(well some what) long story. He eneded up w/ 1 monitored visit a month for 3 hours each at his mothers house.

Well, my wife and I have been very nice to his mother and our daughter actually see's her once a week for a couple of hours. But recently she has lied to us and gone behind our back and giving her son more rights than the court order says. She is getting nasty w/ us and now stating if we don't let her see our daughter she is going to go to court for her grandparent rights.

re: the court paper work, my wife and I are the biological,natural parents.

Does this women have any ground to stand on ?

Click to expand...

In many states (maybe even your's, I honestly don't know) The monthly visitation for the previous father wouldn't be legally enforceable dispite what the adoption agreement states. I am currently in correspondence with a CA mother who is considering including some minor contact/visitation for the bio father in her adoption agreement and her attorney is telling her that its not legally enforceable.

Unfortunately though, nearly every state, including CA, with valid statutes allowing for grandparents to petition for visitation, also allows for natural grandparents to sue even if there has been a stepparent adoption. So in CA grandma COULD technically sue for visitation. However, it would be a difficult battle and expensive battle for her to fight...and particularly to win. Even more so if you could convince the courts that she was doing so in order to facilitate her son's continuing relationship with the child.

Just as an FYI however. A grandparent also has no power to prevent you from moving...nor any real power to enforce a court order for gpv over state lines.

LdiJ,

I hope you are correct. If it wasn't legally enforceable, that would be great.

the bio father so far has missed a few of his visits because this and that.

I will check w/ our attorney. Thank you for your advise!