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i am adopted and i have a son. Can my adopted parents be granted grandparents visitation rights in the state of pa?

2007-04-27 15:55:41 · 6 answers · asked by Anonymous in Politics & Government Law & Ethics

6 answers

The fact that you’re adopted is irrelevant. Your adoptive parents are your legal parents, and therefore have all the rights of parents.

In Pennsylvania a grandparent has the right to petition for visitation if:

(1) the grandparent is the parent of a deceased parent
(2) the parents of the grandchild are separated or divorced
(3) the child previously resided with the grandparents for a year or longer

I *believe* those are the only instances in which a grandparent in PA can petition for visitation.

Check with a local attorney about it.


EDITED TO ADD THIS:

The US Supreme Court, in the Troxel v. Granville case, did not rule that grandparents do not have the right to be awarded visitation if the parents are opposed to it and are fit. The ruling basically stated that the Washington grandparent visitation statute was unconstitutional (at that time) because it was *too board*. And Troxel v. Granville was a very specific case in which the grandparents WERE being allowed visitation, but they wanted MORE.

Every state allows for grandparents visitation (in some form or another) and a court can award a grandparent visitation even if the parents are fit, if it’s determined to be in the best interest of the child.

However, in PA it *appears* that in order to petition the grandparent would have to fall into one of the three categories mentioned above.

2007-04-27 18:11:49 · answer #1 · answered by kp 7 · 2 0

Sigh. Adopted/ not adopted has no relevance.
You reallly need to read the basics of Troxel vs Granville, which went to the US Supreme court... which ruled that FIT PARENTS have the constitutional right to raise their children, and make appropriate decisions for them. If a parent is ruled as being unfit, that might be different.
Yes, many states passed laws, going along with grandparent lobbyists, who figure they have some kind of rights to another person's child. After the Supreme court ruling, many of those legislators have a bit of egg on their faces. If state law conflicts with federal law, federal laws should prevail.
In case you are wondering.. I am a grandparent, who dearly loves my grandchildren. Their parents are the ones who should be legally able to make choices.
If this is a dispute and you are being threatened, pull up some reseach on this case, and politely share it with them.

2007-04-27 19:17:09 · answer #2 · answered by wendy c 7 · 0 0

The only real way to answer that is to say that it's up to the judge. It depends on how convincing they are in court as to why they want visitation. Could go either way. It's not common that grandparents file for visitation rights, but I've seen it happen. I've seen some win, but the parents rights are generally considered to be the more important ones if their is a conflict.

2007-04-27 16:42:13 · answer #3 · answered by RJ 4 · 0 0

the youngsters have been created by using two human beings, their father and mom. no longer all grandparents are valuable impacts on their grandchildren, and the rights of the father and mom are peculiarly others. they have been, legally and morally, considering recorded time began. If father and mom do no longer want the grandparents around their toddlers, there is frequently a reliable reason.

2016-12-29 11:55:10 · answer #4 · answered by ? 4 · 0 0

They're your legal parents. Yes.

2007-04-27 16:08:16 · answer #5 · answered by Cherie 6 · 0 1

by blood no but legaly u r their child and he is their grandchild so yes

2007-04-27 16:06:07 · answer #6 · answered by ? 2 · 0 1

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