Husbands ex signed off rights to my stepson

[kathy114]

What is the name of your state (only U.S. law)? Texas

My husband has a child from a pervious marriage. She(alicia-birth mom) signed off her rights in the divorce. Alicia has not seened him since, that we are aware of. Her grandmother(alice) has been seeing him since thou. But in the past few months since Lee(stepson) as started school. Alice as seened him a few times. But after each visit Lee as came home with wierd burses and even a small burn on his knee. So CPS was called and all they said was that since Alicia(birth mom) signed off rights Lee shouldn't be seeing anyone in that family anymore. So Alice hasn't seen him since, last time was on sept 20th. But Me and my husband are concerned that Alice may be trying to obtain custody or visitation rights. My question is since his birthmom signed off rights does her grandmother have any legal right to gain custody or visitation?

 

[janM]

Did the ex actually sign off on her parental rights altogether? Or just visitation rights?

If that is the case, she is no longer the legal parent, and therefore her mother (or did you say grandmother?) is not the legal grandparent. I don't see her being successful in getting visitation. Even if she were the legal grandparent, there are certain criteria that would have to be in place for visitation, as gp don't have any inherent rights. If this is great-grandma, I think even less likely.

 

[kathy114]

alicia did sign off full parental rights to him. yes sorry alice is the greatgrand mother to lee not the grandmother

 

[LdiJ]

alicia did sign off full parental rights to him. yes sorry alice is the greatgrand mother to lee not the grandmother

I am not at all sure that you are accurately answering the question asked. There is a huge difference between a parent accepting no visitation rights in a divorce case, and a true termination of parental rights.

If you want accurate answers, your husband should be posting himself with his court orders in front of him so that he can quote them word for word.

However, I will say that if mom's parental rights were truly terminated, that would actually give grandma standing, in TX, to sue for visitation. Of course, standing to sue does not mean an automatic win, but grandma's standing would actually be stronger if mom's actually parental rights were terminated.

 

[janM]

However, I will say that if mom's parental rights were truly terminated, that would actually give grandma standing, in TX, to sue for visitation. Of course, standing to sue does not mean an automatic win, but grandma's standing would actually be stronger if mom's actually parental rights were terminated.

That's right, in some states gp visitation does survive a TPR. I stand corrected. Would it be the same for a great-grandparent?

 

[LdiJ]

That's right, in some states gp visitation does survive a TPR. I stand corrected. Would it be the same for a great-grandparent?

In almost all states standing to sue for gpv survives a TPR...and yes, in most states great grandparents have the same standing as grandparents.