my daughter was adopyed from me 7yrs ago, by her step dad, she now wants to see my mom,her grandmother, does my mom have any legall rights in the matter? if ex-wife an her husband,don't want her to see her, who has legall right?
2006-12-21 00:29:17 · 15 answers · asked by raymond g 1 in Family & Relationships ➔ Marriage & Divorce
If you ask a legal question, you have to give a jurisdiction (what state you're in) so people can give you a legal answer. Grandparents' rights vary according to jurisdiction.
Any attempt to definitively answer this question without this key piece of information is nothing but a wild guess.
My wild guess: Since you have relinquished parental rights, the stepfather is the girl's ONLY father in the eyes of the law. You may be biologically related, but you have no legal standing. The adoption severed your family's legal connection to the child.
I presume that the law would consider your mother in the same way: biologically related, but no legal standing. The child's stepgrandmother may have grandparent's rights, but I doubt your mother does.
Again, this is a wild (but reasoned) guess, since you didn't include a jurisdiction.
2006-12-21 00:34:25 · answer #1 · answered by Anonymous · 2⤊ 0⤋
This is a situation where legal help is needed. I realize you gave up your rights when you let her stepfather adopt her. Some states are now giving grandparents rights. You all need to contact a lawyer in the state the child lives in and see if they have grandparent's rights. How did you find out your daughter wants to see your mother? How old is your child as if she is over 12 yrs old she may have some say in the matter. I say find a lawyer who gives free consultations and ask him what rights your mother has. When it comes to my grandkids if there is ever a divorce between my son and his wife I would do something immediately---I would not go without seeing my grandkids under any condition. A divorce is between the husband and wife---others should not be forced to give up relationships they have developed with family members. I have known my first exhusbands family for 30 yrs and have a friendship with all three of his sisters and we have been divorced for 13 yrs now. When people take into consideration what is best for the child then we won't have so many kids in therapy due to the breakup of the family. I would try talking to your daughter's mother and let her know it is for the benefit of your daughter. The thing is if your mom does get visitation she needs not to bash the mom to the granddaughter. If the granddaughter asks questions about the divorce or your wife your mom should be diplomatic and say---that is something you need to ask your mother. She must remember it is about her granddaughter and nothing else.
2006-12-21 08:49:35 · answer #2 · answered by jacksonpappyswoman 2 · 0⤊ 0⤋
I don't know where you live so I can't tell you what the laws are. Where I live, grandparents have legal rights and can ask the courts to grant visitation rights... But being that you are no longer legally the father (did you consent to the adoption???), the grandparents may have no rights either...
On the other hand, here in the courts, the judge will take into account the requests and desires of a child that is 11 yrs old. They have a say in the matter at that age.
I would definitely seek a lawyer's advice.
Good luck... to you and the daughter.
2006-12-21 09:30:48 · answer #3 · answered by The ReDesign Diva 7 · 0⤊ 0⤋
In cases like this it is best not to play the legal card but deal with it on the level it should be dealt with; it is a moral issue and what is in the best interests of the child.
Why you nor your family have no legal right to force the issue of visitation, girls especially want to know more about their biological parents as the grow and and mature and it is an important part of them finding their self-center; to be denied contact can impact her journey to becoming a woman and severely damage her self-esteem (if a biological parent is dubbed "bad" by another, it is unwittingly also dubbing the child "half-bad" because the are part of both parents).
What the adults need to do in this situation is to try to set their egos and differences aside and look to what is in the best interests of the child, be willing to set boundries and abide by them.
If not, within 7 years the girl will be 18 and their will nothing your ex can do to prevent you or your mother from pursing a relationship with her.
2006-12-21 08:46:58 · answer #4 · answered by bottleblondemama 7 · 0⤊ 0⤋
In order for your ex wife's current husband to have adopted your daughter you would have had to have signed over all parental rights. You have NO legal rights to her, she is basically no longer your daughter and that means that your family has no legal right to see her. All they can do is ask your ex wife if they can visit with the child but there is nothing they can do if your ex wife and her husband refuse.
2006-12-21 08:34:39 · answer #5 · answered by Anonymous · 3⤊ 1⤋
If you gave her up for adoption you have no legal rights at all. I don't understand you saying adopted from you? Was she taken away from you legally? All I can say is have your mother call the person who has custody and ask. By all means don't make a bad situation worse, it's to bad kids have to be put in the middle of stupid mistakes by adults.
2006-12-21 08:40:53 · answer #6 · answered by Barry W 2 · 1⤊ 0⤋
Well the state I live in (Ohio) Grandparents do have rights. My sister moved to another state and took her son whom my mom raised for 7 years. She went to court and filed papers for visitation rights so she gets him every other holiday and during summers. I would check with the courts in your town. You may not have rights but your mom may.
2006-12-21 08:58:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You should have considered your family and your daughter's feelings BEFORE you signed off your rights and responsibilities, MORON!!!
Your child's mother has legal rights ever since you signed your daughter off to another man to care for her. Did you REALLY think you would have ANY rights after doing that? Well, if you did maybe you could get the order changed because you are clearly too stupid to understand what letting someone else adopt your child really means.
Too bad for your daughter-I bet she would like to know that side of her family-but now its legally too late!
THINK FIRST!!!
2006-12-21 08:39:26 · answer #8 · answered by dmkharleychic 2 · 1⤊ 2⤋
I went through this same situation. My son's birth mother's rights were terminated, and that's how I came to adopt him.
Your ex-wife and her husband have the legal rights. If your parental rights were terminated, you and your family no longer have any legal rights.
2006-12-21 08:33:38 · answer #9 · answered by spelling nazi 5 · 2⤊ 1⤋
I don't know what you are asking, but I think the answere is that no one has to see anyone. Meeting one's natural relatives becomes important to an adopted child at some point. I know adults who have sought out and met their natrual parents, even though long terrm relationships did not develop, it was important to them to meet these people.
2006-12-21 08:37:12 · answer #10 · answered by Anonymous · 1⤊ 1⤋