• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help With Nosy Grandparents

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

READYANN

Junior Member
What is the name of your state?KY
I need help. I marrried my husband 9 years ago and adopted his son three years ago after she was detained for nonsupport, and then termintated her rights. Now the maternal grandparents are suing for KRS 405.021 and we are scared. The do not help him they hurt him in knowing he is not part of their life. help please.
 


rmet4nzkx

Senior Member
How much a part of the child's life were the maternal grandparents? What role did the biomother have in their contact with the child? Did the father allow contact with the maternal grandparents? Why are you separating this issue from another you posted re the bio mom wanting the childs half siblings to meet?
https://forum.freeadvice.com/showthread.php?t=230373
These should be combined.
 
Last edited:

READYANN

Junior Member
reply

The bio grandparents do not have any visitation right now due to the stress it causes my son. The bio mom did not have anything to do with him since he was 2. My husband had some visiation after that but sporadic,when he was ;younger now he is older and it hurts him more to be in there home. The visiations were stopped when his school work and attitude were going downhill after visitations. i did not know to combine the posts two different things i thought.
 

READYANN

Junior Member
grandparents

What can we do to fight the grandparents. This is not my sons best interests it is disrupting his life. I just want him to be happy.
 

READYANN

Junior Member
as far as I can tell the gp have no rights unless they persue them and that is only if they are actively invovled with the child
 

mrsbrown

Member
READYANN said:
as far as I can tell the gp have no rights unless they persue them and that is only if they are actively invovled with the child

So when a birth parent terminates their rights it does not terminate the issue of relatives? That seems silly. I would think that something as serious as terminating your rights as a parent would include everything about yourself, including your family.
 

READYANN

Junior Member
Usually in most states it does but this backwards state says if the gp would actively involved especially in the last year they can get gp rights. It also has to do with when they file for rights after the tpr. The tpr was three years ago so we feel pretty safe and we feel that the judge will lean our way.
 

LdiJ

Senior Member
READYANN said:
Usually in most states it does but this backwards state says if the gp would actively involved especially in the last year they can get gp rights. It also has to do with when they file for rights after the tpr. The tpr was three years ago so we feel pretty safe and we feel that the judge will lean our way.
Actually, its not just in KY. In most states biological grandparents have standing to sue for visitation if the child has been adopted by either a stepparent or a relative. The intent was to allow biological grandparents who were active in the child's life to remain involved in the event of a deceased parent or parents and a subsequent stepparent or relative adoption. However, with parents increasingly having their parental rights terminated due to abuse, neglect or abandonment the issue has become much murkier.

It is difficult for a grandparent to win such a case, particularly if they have not been actively involved in the child's life for a significant period of time. What they basically have to prove is that they have a close and loving relationship with the child, and that it will hurt the child if that relationship were to end. The judge must presume that the parents are acting in the best interest of the child and the burden of proof is on the grandparents to overcome that presumption.

If the grandparents were to win, and it was discovered that the grandparents used that visitation to establish a relationship between the biological mother and her other children, the courts would quickly vacate/terminate any visitation orders. That is a huge no-no.

I suspect that once you demonstrate to the court that the biological mother invaded the child's school and made contact with the child, upsetting the child...that the grandparent's motives will become apparent.

You may be ordered to mediation. DO NOT make any agreements. Make the judge hear the evidence and make an order based on the merits of the case. That is the only way to preserve your rights to appeal, and that is something that you may end up wanting to do. The majority of parents win on appeal, even if they do lose at the trial court level.
 

READYANN

Junior Member
Thanks for the info. I have documented all activity and all problems and will save them for court. Did not know that about the biogp's rights terminated if the biomom gets involved.Thanks alot
 

rmet4nzkx

Senior Member
READYANN said:
Thanks for the info. I have documented all activity and all problems and will save them for court. Did not know that about the biogp's rights terminated if the biomom gets involved.Thanks alot
Much of the advice is not objective, but it is what you want to hear today. Please consult an attorney or you may be very disappointed later.
 

READYANN

Junior Member
hate to blow your horn but my attorney has told me that the gp's are hanging on a thread and don't have a leg to stand on, this is a feeble attempt on their part. Timing is everything and they lost it. We also have too much documented on how this is not the best for my son.
 

rmet4nzkx

Senior Member
Hey, I have no dog in this fight. I'm not blowing any horn. Of course your attorney is going to tell you what you want to hear, and you better believe that their attorney will tell them the same and they will document everything you do to interfere with their relationship with their grandchild. None of them can tell you at this point how the judge will decide you case based on all the facts. And guess what the judge will do? Order an evaluation of everyone, including the child. You can get the child some counseling now or the judge will order it later.
 

READYANN

Junior Member
Sorry just can't stand anyone else trying to climb my case. Did not force biomom to do anything and I have tried since the beginning to help my child even before he was legally mine. My lawyer has told us that Troxel case and the fourteenth amendment will be ours and they should have filed before the adoption was finalized most of the web pages I have researched have said the same. Our lawyer should be truthful not just what we want to hear, otherwise are we not unprepared for what could happen?
 

LdiJ

Senior Member
rmet4nzkx said:
Hey, I have no dog in this fight. I'm not blowing any horn. Of course your attorney is going to tell you what you want to hear, and you better believe that their attorney will tell them the same and they will document everything you do to interfere with their relationship with their grandchild. None of them can tell you at this point how the judge will decide you case based on all the facts. And guess what the judge will do? Order an evaluation of everyone, including the child. You can get the child some counseling now or the judge will order it later.
Rmet, have you actually READ Troxel vs Granville?..or any case law since then? Everything that you are saying is completely valid when it comes to parent vs parent cases but not parents vs third parties. The grandparents documenting the parent's interference in their relationship with the grandchild is USELESS to the grandparents. The USSC has made it crystal clear that the parents have EVERY RIGHT to interfere in/control the relationship between grandparents and grandchildren.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top