Terminating NCPs Rights

[LeemonGator]

Would it not be better to go back and ask for supervised visits for mom, should she decide to see her child, and request final legal say? Thatbwou,d probably cover what it is you are hoping to accomplish. Then, you can give step-mom a POA for anything need doing. You would avoid ne TPR and possible GPV suit.

Grandparents have very little rights to stand on in these cases. I wouldn't let that be a determining factor in your decision. I can't speak for your state, but just in general. I was told my my attorney as well as the GAL in my case that grandparents have very little standing.

That said, I think the thoughts here that you might send mom down a more active path in the kids life is pretty accurate. I am going down the termination road as we speak and the father is contesting and wanting visitation all of a sudden.

Just make sure you are going to win before filing. Research not only appellate/supreme court rulings as well as the legislation in your state. These laws are constantly evolving and (in my state) are slowly evolving to where natural parents have weakened rights in cases where they are AWOL.

 

[LdiJ]

Grandparents have very little rights to stand on in these cases. I wouldn't let that be a determining factor in your decision. I can't speak for your state, but just in general. I was told my my attorney as well as the GAL in my case that grandparents have very little standing.

That said, I think the thoughts here that you might send mom down a more active path in the kids life is pretty accurate. I am going down the termination road as we speak and the father is contesting and wanting visitation all of a sudden.

Just make sure you are going to win before filing. Research not only appellate/supreme court rulings as well as the legislation in your state. These laws are constantly evolving and (in my state) are slowly evolving to where natural parents have weakened rights in cases where they are AWOL.

I don't know what state you are in, but grandparents have very strong standing in PA, to sue for gpv, and that standing survives a stepparent adoption. Standing to sue for gpv survives a stepparent or other relative adoption in most states.

 

[Just Blue]

I don't know what state you are in, but grandparents have very strong standing in PA, to sue for gpv, and that standing survives a stepparent adoption. Standing to sue for gpv survives a stepparent or other relative adoption in most states.

leemonGator is in KS.

 

[Just Blue]

Grandparents have very little rights to stand on in these cases. I wouldn't let that be a determining factor in your decision. I can't speak for your state, but just in general. I was told my my attorney as well as the GAL in my case that grandparents have very little standing.

That said, I think the thoughts here that you might send mom down a more active path in the kids life is pretty accurate. I am going down the termination road as we speak and the father is contesting and wanting visitation all of a sudden.

Just make sure you are going to win before filing. Research not only appellate/supreme court rulings as well as the legislation in your state. These laws are constantly evolving and (in my state) are slowly evolving to where natural parents have weakened rights in cases where they are AWOL.

Please do not post to threads OTHER than your own.

 

[Silverplum]

leemonGator is in KS.

Yet another example of why posters should not relate their personal "stories" unless that story is in the SAME state as the OP.

 

[Just Blue]

Yet another example of why posters should not relate their personal "stories" unless that story is in the SAME state as the OP.

Yup..Unless they can support their post.

 

[stealth2]

Just make sure you are going to win before filing. Research not only appellate/supreme court rulings as well as the legislation in your state. These laws are constantly evolving and (in my state) are slowly evolving to where natural parents have weakened rights in cases where they are AWOL.

There is no way to know this with 100% certainty. There is ALWAYS a chance that the court will rule differently.

 

[LeemonGator]

Please do not post to threads OTHER than your own.

You mean, I should avoid doing exactly what you are doing?

Do you guys pay attention to that thing in DC called the Supreme Court. There was a recently a huge case involving grandparent visitation there and just an FYI, they ruled in favor of the natural parent to parent as they see fit. Check out Troxxel v Gainville. Its actually unconstitutional to force grandparent visitation against a parents wishes.

California, Ohio, Pennsylvania and Utah are the states that basically challenged the supreme court ruling on grandparent visitation. Pennsylvania was the Hiller case.

BUT in all 50 states grandparent visitation is still based on the childs best interest. And its always easier in court to stand on legal ground as the childs parents as opposed to being the grandparent.

I wouldn't worry about them in your case. But I do think the advice to request supervised visits as well as sole legal custody is the way to go, unless you have thousands to throw at this.

 

[LdiJ]

You mean, I should avoid doing exactly what you are doing?

Do you guys pay attention to that thing in DC called the Supreme Court. There was a recently a huge case involving grandparent visitation there and just an FYI, they ruled in favor of the natural parent to parent as they see fit. Check out Troxxel v Gainville. Its actually unconstitutional to force grandparent visitation against a parents wishes.

I doubt that there is a layperson on earth who is more familiar with Troxel vs Granville than I am.

California, Ohio, Pennsylvania and Utah are the states that basically challenged the supreme court ruling on grandparent visitation. Pennsylvania was the Hiller case.

PA and NY are the two most grandparent friendly states in the US. CA and OH are pretty GP friendly too.

If you had mentioned IL, MI, FL, TN and WA (the most parent friendly states) and SC, GA and several others (second tier for parent friendly) instead of the ones you mentioned, I would think that you had some familiarity with the subject.

BUT in all 50 states grandparent visitation is still based on the childs best interest. And its always easier in court to stand on legal ground as the childs parents as opposed to being the grandparent.

No, GPV is completely gone in FL, and in WA also unless something has changed in the last year or so...so no best interest there.

In most of the first and second tier parent friendly states best interest cannot even be addressed unless standing and other factors are addressed first.

I wouldn't worry about them in your case. But I do think the advice to request supervised visits as well as sole legal custody is the way to go, unless you have thousands to throw at this.

I agree that the OP shouldn't worry about the grandparents at this point. But the OP does need to be aware that PA is the second most grandparent friendly state in the country, and should not assume that a gpv case would be a slam dunk.

 

[Ohiogal]

You mean, I should avoid doing exactly what you are doing?

Do you guys pay attention to that thing in DC called the Supreme Court. There was a recently a huge case involving grandparent visitation there and just an FYI, they ruled in favor of the natural parent to parent as they see fit. Check out Troxxel v Gainville. Its actually unconstitutional to force grandparent visitation against a parents wishes.

California, Ohio, Pennsylvania and Utah are the states that basically challenged the supreme court ruling on grandparent visitation. Pennsylvania was the Hiller case.

BUT in all 50 states grandparent visitation is still based on the childs best interest. And its always easier in court to stand on legal ground as the childs parents as opposed to being the grandparent.

I wouldn't worry about them in your case. But I do think the advice to request supervised visits as well as sole legal custody is the way to go, unless you have thousands to throw at this.

Actually Troxel does NOT state that it is unconstitutional to force visitation against a parents' wishes. Troxel states that a fit parent's wishes MUST be given weight that is factored into the decision BEFORE a court can determine whether or not to award grandparents visitation. Try reading the whole case.

 

[LdiJ]

Actually Troxel does NOT state that it is unconstitutional to force visitation against a parents' wishes. Troxel states that a fit parent's wishes MUST be given weight that is factored into the decision BEFORE a court can determine whether or not to award grandparents visitation. Try reading the whole case.

Weel....it did uphold a WA Supreme Court Ruling that the WA gpv laws were unconstitutional on their face. So maybe that's why the OP is thinking that way...inaccurately....but the wording is there.

 

[stealth2]

You mean, I should avoid doing exactly what you are doing?

Meanie has taken the time to educate herself. Something which would behoove you.

 

[gam]

You mean, I should avoid doing exactly what you are doing?

Do you guys pay attention to that thing in DC called the Supreme Court. There was a recently a huge case involving grandparent visitation there and just an FYI, they ruled in favor of the natural parent to parent as they see fit. Check out Troxxel v Gainville. Its actually unconstitutional to force grandparent visitation against a parents wishes.

California, Ohio, Pennsylvania and Utah are the states that basically challenged the supreme court ruling on grandparent visitation. Pennsylvania was the Hiller case.

BUT in all 50 states grandparent visitation is still based on the childs best interest. And its always easier in court to stand on legal ground as the childs parents as opposed to being the grandparent.

I wouldn't worry about them in your case. But I do think the advice to request supervised visits as well as sole legal custody is the way to go, unless you have thousands to throw at this.

The case is
TROXEL V. GRANVILLE

Hard to believe you know what your talking about when you don't even get the case name right.

 

[LdiJ]

The case is
TROXEL V. GRANVILLE

Hard to believe you know what your talking about when you don't even get the case name right.

Dang, I didn't even catch that.

 

[gam]

Dang, I didn't even catch that.

You did spell it right though in your reply.

I also caught this in her post

Do you guys pay attention to that thing in DC called the Supreme Court. There was a recently a huge case involving grandparent visitation there and just an FYI, they ruled in favor of the natural parent to parent as they see fit. Check out Troxxel v Gainville. Its actually unconstitutional to force grandparent visitation against a parents wishes.

TROXEL V. GRANVILLE wasn't that case decided in 2000? 11 years ago is not recent IMO.