[Mo_lady_72]

Need desperate advice on grandparents rights. My older 3 children were adopted by my ex-husband back in 2000. Their natural father signed his rights away and paid for the adoption. Now his mother who hasn't made any attempt to see the kids in 12 yrs wants visitation rights and is threatening to sue. She has never tried to contact them or me until last week. She has always known where we lived and what our phone number was. Even before the adoption she never made any attempt to see the kids or contact them. And I only believe she is doing this to get the kids back around their biological father which would not be good for them since he is abusive. Please if anyone could help me with some advice i would very much appreciate it. If it helps we live in the state of missouri. Thanks, Lisa

[Jensboys]

Adoption terminates all biological relative rights -- legally she is NOT their grandmother and therefore has no rights to them at all.

Not to worry -- sounds like a mil from you know where!

[Sledge]

The EX-grandma has no visitation rights, I went through that when we adopted my ason. Instead of staying away she constantly called to start issues, we finally had to tell he to quit calling. We were happy that she wanted contact but didn't relize that she was going to act the way she did. If you don't want your kids exposed to her then she can't visit or make contact.

[Mom2J]

Mo_Lady_72,

I think I may have some news to really set your mind at ease. Even if Grandma was to sue you (saying the rights weren't teminated), there are very few states that will allow the Grandparent's to have scheduled visitation. The courts tend to follow the parents wishes and not force visitation. Let her waste her money all she wants. I'm sure (someone correct me if I'm wrong) the children could get a court appointed attorney to protect their rights and keep this woman away.

Good luck,
Mom2J

[BrandyHagz]

Ouch!

Be careful...what everyone above has said is true in MOST states...but not all!

Contact an attorney at once!


I think OH (I could be off here, but I think that’s one state) separates grandparents rights from parental rights...something about involuntarily terminating the rights of someone else or some such business.

Again, contact an attorney and ask about laws regarding grandparents rights...just to cover yourself!

Good luck!

[sugarbabysmommy]

As a child in the seventies my deceased biological father's parents did, in fact, sue my mother for visitation. My mother rightly cut off contact with them after they ignored her repeated requests that they treat my sibling and me in an equitable manner (imagine me playing the part of cinderella), and that they respect her parenting (they constantly underminded her, often in front of us and told us to lie to her a number of times). The court ordered each party into family counseling, and ordered us kids into monthly visitation with my grandparents. What the court saw before them were two gray haired, kindly, well educated people who give us gifts and took us places, vs. a middle class mom and her live in boyfriend (soon to be my adoptive dad).

The major difference I see in your situation is the total lack of contact (we had had a prior ongoing relationship with my grandparents) and the fact that your children's biological father terminated his own rights, and sounds to have supported the adoption (whereas my mother was widowed). This is much more positive than the situation my mom faced. Nonetheless, I would speak to a lawyer and read the law in black and white for myself. I'm not posting this to freak you out, it was a number of years ago, but do what you believe you should to take care of your kids and if that is seeing a lawyer then do so.

I know from watching my mom deal with all of this (and my dad too) how hurtfull it is to have your rights and your judgment as a parent called into question and have legal action threatened. I hope this blows over without much fuss!

[Step2Adopt]

Ive heard that as well. If the parent voluntarily terminated thier rights, all rights are terminated. If it was involuntary (for some reasons) or upon death, then that grandparent still has rights.

Also, it is supposed to be in the childs best interest, and as Grandma has made no effort to contact the kids, it wont go as good for her.

If this goes to court, make sure that you are able to prove that she knew where you lived and ph # and she never contacted them.

[SISNLAW]

I live in the grat ole state of misery oops i mean Missouri and the state of Missouri will honor the request of the grandparents regaurdless of the father giving up his rights i am in a similar possion right now and the grandmother kidnapped my son and was able to get away with it thank God i got him back and it could have turned out worse but thanks be oto God it didnt get a lawyer and fast

[Kallen330]

This link will lead you to a summary of the case. This was handed down from the US Supreme Court so EVERY state has to follow the decision.


http://www.oyez.org/oyez/resource/case/1212/


If you want to track down the whole case and read the whole thing, just do a search on the case name.


Hope this eases your mind a bit.