adoption by relative

[Lorip1001]

What is the name of your state ? Indiana.
I am a paternal grandparent who is adopting my grandson. He has been in my care since he was 6 weeks old and is not 18 months old. I became a licensed foster parent at the suggestion of DCS. Parental rights were terminated in July 2009, and I am in the process of adopting. I have read so many things about grandparents rights but of yet have found none that match my exact situaiton. What I am trying to figure out is this. After the adoption is final will the maternal grandparents be able to file for visitation ? well Im sure they can. I just dont know if they really will be helping themselves or hindering ? I do not plan to completely stop allowing them to have visits. I just want to reduce them dramatically. Right now. for some reason no one will answer , I am being told by Caseworker that she "would" continue the weekly visits with them. she will not say in so many words that i MUST! It may seem very mean and that is not my intention. I have been under the thumb of so many caseworkers for so long. ruling what I do and when , that I just want to have some normal home time with him. I dont want to have to live forever on someone elses schedule. It is my opinon also that these visits are just fuel for them if they did file a petition claiming they have had meaningful contact. It has been forced on us.. another reason for limiting contact is that the bio mom will be released from prison soon.. and I do not want constant contact with her. The mom and grandparents have already violated trust issues regarding no contact orders in the past. The mothers supervised visitation was removed over a year ago for drug issues. since then she has been incarcerated. indiana law says they have rights only because I am a grandparent, I want the same privacy and rules to pertain to me as an unrelated adoptive parent. do I stand a chance or do they?

 

[Seanscott]

If the adoption is approved you will be the legal father and will have say over who can or cannot visit your son.
You say the parental rights were terminated - I would understand this to mean that the mother has no rights to demand visitation or anything else. After the adoption is complete the mother will be a legal stranger to the child with no more rights than I have.
The maternal grandparents could ask the court for visitation, but I don't see how they can claim a relationship when the mother has lost her parental rights. No mother - no maternal grandparents.
You have quite a situation on your hands and I'm sure someone with more knowledge than I will come along and help you.

 

[ecmst12]

However if the child has had regular visits with his other grandparents up until, now, why would it be in his best interests to change that? How often are the visits now?

 

[Lorip1001]

at this point. I am trying to figure out what is in his best interest. He has had forced visitation with the other grandmother every saturday since.. forever It seems. I dont want to stop them completely.. but cut them back dramatically.Since I will be his mother.. I think I should get to spend some quality time with him also. ASs it is now.. all I do is make sure he is where he and I are where we need to be when we need to be.. and it has usually been at the direction of CPS. He isnt even 2 yet.. I was thinking once a month if I offered that was more than a judge would give them if they thought it wasnt enough.
I wondered too, about Mom having her rights terminated.. means her mother is not legally grandma any longer. I found a case that had that issue.
another reason for reducing is the fact that Bio mom will be living with grandma upon her release.. she has no rights.. but for his benefit I think it is best he knows the truth in every regard as is age appropriate. BUT there will be rules to follow if on these visits mom is around. I can see her wanting to take him to show to her friends. ( she is a bit dillusional when it comes to her not being his mother any longer) or lets go to dairy queen.. or any number of things.. and she is NOT to be allowed to be unsupervised with him. I dont trust that rule to be enforced and I dont want to give more opportunity for that.. as I said there have been rule breaking issues int he past.. as well as some back stabbing ( for lac of a better phrase) scheming ( to no avail to them) through out this entire process. I hoe I am getting everything out there.. and it be understandable.

 

[lawinc]

Abandonment requires that the natural parents give up all parental rights, obligations and claims to the child, as well as all control over and possession of the child (without transferring these rights to any specific person). By definition, abandoned children may not be relinquished or released to prospective adoptive parents or for a specific adoption.

 

[Lorip1001]

Yes..o.k. to all that. Im not sure where that info falls into anything that was said.. TPR by state was done.. they actually relinquished voluntarily because they knew they would lose at a trial. No one named anyone to adopt.. except the dept of child services.. to me..
I really have no clue what your info means to this issue?.

 

[PQN]

lawinc

Lawinc - your info does not appear to relate to this poster's case.

OP - I would continue the visits as required by CPS until the adoption is final. At that point, I would let former maternal grandparents know when they can and cannot visit and what the rules are.

 

[Zigner]

Lawinc is a spammer.

 

[Lorip1001]

thanks for clearing that up..my head spins enough on its own. that really sent it reeling!

 

[lawinc]

Lawinc - your info does not appear to relate to this poster's case.

Okey. To initiate an adoption in Indiana, a Petition for Adoption must be filed in the Probate Court. That Petition will contain information about the children to be adopted and the person(s) who are wanting to adopt, such as race, name, date of birth, where born, whether the children own any property, whether the children’s names will be changed, whether the persons who want to adopt are married, where they are employed, etc.

In addition, the Petition will state whether the natural mother and father of the child have given consent to the adoption or whether their parental rights have been terminated by a court, whether the person(s) who want to adopt are able to take care of the children and whether s/he/they have been convicted of a crime that would affect the adoption. Original, notarized copies must be placed in the court’s files in order for the adoption to occur.

 

[ecmst12]

Which STILL does not in any way relate to this poster's question.

 

[Lorip1001]

Nope. sure doesnt. but I did do all that...
Update though.. on what I THINK I may have learned..
Since TPR was granted. birth grands lost their rights with parents. And since there was no petition from them requesting visitation prior to TPR or Adoption they no longer meet the grandparents definition to do it now. IN code 31-9-22-77. Hows that for self education? I guess I was just impressed with myself I got that far.. LOL. does that sound right to anyone that really is familiar with this type of thing?

 

[TinkerBelleLuvr]

I'm impressed.

Now, how is it that the maternal (biologically) grandparents received visitation? Was that done BEFORE or AFTER the TPR?

 

[LdiJ]

I'm impressed.

Now, how is it that the maternal (biologically) grandparents received visitation? Was that done BEFORE or AFTER the TPR?

In Indiana, standing for grandparents to sue for visitation rights, continues after a TPR or adoption by a step parent or family member.

Grandparents only lose all standing when its a stranger adoption.

Standing to sue of course, does not guarantee a win.

Therefore yes, if this grandma adopts the child, the other grandma will still have standing to sue for visitation. However, CPS will no longer be involved, and the biological mother (appropriate to say biological in this case) would still have no rights at all.

 

[Lorip1001]

I'm impressed.

Now, how is it that the maternal (biologically) grandparents received visitation? Was that done BEFORE or AFTER the TPR?

the visitation as it is now.. is not court ordered. It was an agreement that was put in place by the case worker during a Family Team Meeting.There is no petition or anything other than a whiney woman , having not had her home study completed , wanting more visitaion than she already had. Which wasnt at her home. They said o.k. o.k.....we didnt know then how the case would go. RU was the plan at that point. In my opinion, that 'schedule' should have stopped at TPR . I have asked if I must maintain this schedule and the only answer I get is.. " I would until finalization" Now.. If I were not adopting (with complete backing by dcs ) I would think this would continue. But.. since I will be eventually allowed to make these decisions.. I dont know why I have to continue now.But whatever. thats the attitude I have now just to keep things undramatic. I need no more turmoil than Ive had in the last 1.5 years.