Grandparents rights after step parent adoption?

[amy08080]

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

Good Morning,

I had posted another thread similar to this one a few months back, but it was closed due to some posters arguing on the thread

Just wanted to post again in the event that anyone has any new information to offer for lil' ol' me...

The situation:

My son was adopted by my husband this past February. The paternal grandmother has visitation rights from a visitation case that was settled in mediation back in August 2005. Since my son's adoption by my husband the paternal grandmother has been letting the bio dad see my son during her visitation times. Even after my husband and I have repeatedly told her we wish that she would stop allowing this and interfering. To which she told us she thinks it is in the best interest of my son to see his bio father. The bio dad has never been there for my son, and is a former(possibly still using) drug addict who has been incarcerated most of my son's life. Yes, it is embarrassing to say that....

My husband and I believe that it is in our son's best interest to cease all contact with that side of the family. I am not doing it out of spite, anger, or bitterness. I am doing what I feel is best for my child. I do think that grandparents should have rights when their best interest is for the children. But in this case, the paternal grandmother's best interest is for herself and the bio father.

Not since day one of her visitation has she proven to me that this visitation that was granted to her was for my child. It has always been for other members of her family.

I feel that this was set up. The paternal grandmother knew that the bio dad would have a hard time getting visitation once released from prison. He would have no money to hire an attorney and any other money that would be needed and due to the fact her was a drug addict, the visitation would have been supervised most likely. So she went to get visitation with the thought in mind that the bio dad could visit when she had her visitation. The bio dad could not sign over the adoption papers fast enough because he didn't want to have to be obligated to pay child support and have the thought of going to prison again hanging over his head. (Great way to look after yourself, right?) Now the grandmother is still trying for the bio dad to be in my son's life, even after the bio dad willingly gave up his rights.

What a confusing mess! I just want to go on with my life and raise my son in a non-negative, simplistic, happy home. My son has my husband's parents and my parents as wonderful loving grandparents. He does not need negative ones. I want to leave the mess, so to speak, behind and move on.

Just curious about what we have to look forward to in court. It is extremely difficult to find any information on paternal grandparents rights after a step parent adoption in Maryland.

Thank you for listening.

 

[LdiJ]

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

Good Morning,

I had posted another thread similar to this one a few months back, but it was closed due to some posters arguing on the thread

Just wanted to post again in the event that anyone has any new information to offer for lil' ol' me...

The situation:

My son was adopted by my husband this past February. The paternal grandmother has visitation rights from a visitation case that was settled in mediation back in August 2005. Since my son's adoption by my husband the paternal grandmother has been letting the bio dad see my son during her visitation times. Even after my husband and I have repeatedly told her we wish that she would stop allowing this and interfering. To which she told us she thinks it is in the best interest of my son to see his bio father. The bio dad has never been there for my son, and is a former(possibly still using) drug addict who has been incarcerated most of my son's life. Yes, it is embarrassing to say that....

My husband and I believe that it is in our son's best interest to cease all contact with that side of the family. I am not doing it out of spite, anger, or bitterness. I am doing what I feel is best for my child. I do think that grandparents should have rights when their best interest is for the children. But in this case, the paternal grandmother's best interest is for herself and the bio father.

Not since day one of her visitation has she proven to me that this visitation that was granted to her was for my child. It has always been for other members of her family.

I feel that this was set up. The paternal grandmother knew that the bio dad would have a hard time getting visitation once released from prison. He would have no money to hire an attorney and any other money that would be needed and due to the fact her was a drug addict, the visitation would have been supervised most likely. So she went to get visitation with the thought in mind that the bio dad could visit when she had her visitation. The bio dad could not sign over the adoption papers fast enough because he didn't want to have to be obligated to pay child support and have the thought of going to prison again hanging over his head. (Great way to look after yourself, right?) Now the grandmother is still trying for the bio dad to be in my son's life, even after the bio dad willingly gave up his rights.

What a confusing mess! I just want to go on with my life and raise my son in a non-negative, simplistic, happy home. My son has my husband's parents and my parents as wonderful loving grandparents. He does not need negative ones. I want to leave the mess, so to speak, behind and move on.

Just curious about what we have to look forward to in court. It is extremely difficult to find any information on paternal grandparents rights after a step parent adoption in Maryland.

Thank you for listening.

You will need to file a motion to terminate the grandparent's visitation based on the fact that the grandmother, against your express instructions, has been allowing contact between the child and the biological father.

The judge should rip grandma a new one.

You can also stop visitation in the meantime without too much of a risk of being punished for contempt. You may end up getting fined for doing so, but that's about the worst you are looking at, and even that is not guaranteed considering the blatantcy of the grandmother's actions. However move very quickly with your motion to terminate grandma's visitation rights. Ideally have your motion filed before denying her next visitation...or within days afterwards.

I can't guarantee that you will be able to sever her visitation entirely, but what I can guarantee is that the judge will put safeguards in place to prevent grandma from repeating her actions. If you then have to take her back to court again, because she is violating the safeguards, THEN it would be virtually guaranteed that the judge would vacate the visitation orders.

One thing that I do recommend however, is that you do not mention in court that dad agreed to adoption to get out of paying child support, and that he and grandma conspired to provide him visitation by her getting visitation. Let the judge figure that out by himself.

 

[amy08080]

Actually, funny you mentioned it, but we actually have stopped letting him visit. She has yet to file contempt. Possibly because we have filed a contempt against her. I guess I should have mentioned that in the first post. Our original visitation order stated that she was not to mention or talk about the bio father with the minor child. Which clearly she has done so. She has not only talked about the bio dad, she has let him see the bio dad. So not only is she held in contempt for not obeying the court order, she also has been letting the bio dad visit with my son after the adoption has been finialized.

 

[LdiJ]

Actually, funny you mentioned it, but we actually have stopped letting him visit. She has yet to file contempt. Possibly because we have filed a contempt against her. I guess I should have mentioned that in the first post. Our original visitation order stated that she was not to mention or talk about the bio father with the minor child. Which clearly she has done so. She has not only talked about the bio dad, she has let him see the bio dad. So not only is she held in contempt for not obeying the court order, she also has been letting the bio dad visit with my son after the adoption has been finialized.

I hope that your contempt motion included a motion to terminate/vacate the visitation orders.

 

[amy08080]

That is what we asked for and that is what we are trying to obtain in court. Papers were written up by our attorney.

We go for a scheduling conference tomorrow. What that is for I do not know, but mediation is not an issue in this case. And our attorney is presenting this tomorrow.