Do they have rights

[SM5NY]

What is the name of your state?NY
In July I finally adopted my husbands 6 year old daughter. Her bio mom willingly signed off on her allowing me to adopted her. We are finally trying to have a normal life. However, the bio grandparents are still wanting contact but are very damaging to childs mind cause they feel they have to "over do it" and/or compensate for their daughter actions. Also they live in another State and call every night and if we do not answer they will calll 4-5 times or more in one night to try and reach us.
My now daughter has stated that she did not want to talk to them again "in kid terms" for constent everynight deal.
I have told them to back off and let her be, but they insist like it can't possibly be and do not realize that all this reflects on this 6 year old. We did what we did and so did the bio mom so that this little girl would have a normal family life. They have done other damaging things like stuff the have said to her on the phone and a bunch off other thing that happen in these situations.
Anyway, I already know that in the State of NY when you adopted a child the bio mother absolutely has no rights and even the birth cert. is changed and the adopted parent is put on it. But do these grandparent in this case have any rights.
I ask cause I so badly want to tell them how this bothersome but do not what them to start an court case and yet once again have this child life interrupted again. She has been through enough.
I thank you in advance for your input.
Thanks a bunch.

 

[tigger22472]

Legally no, they never had rights. However, depending on presendence set by NY even though you have adopted they MAY be able to petition for visitation, however, grandparent visitation is hard enough to obtain, let alone once an adoption has occurred. You don't not have to allow any contact at this point.

 

[SM5NY]

Thanks, I appreciate your input and would like no contact, but just do not want the child to have to go though court again if I do the "no contact", but them again putting her though these grandparent is worse. But I take there crap to protact her from court (if they have rights) and having to go to a place she does not want to be.
Thanks again.

 

[tigger22472]

Thanks, I appreciate your input and would like no contact, but just do not want the child to have to go though court again if I do the "no contact", but them again putting her though these grandparent is worse. But I take there crap to protact her from court (if they have rights) and having to go to a place she does not want to be.
Thanks again.

How much contact did they have before the adoption was discussed and done? How close were/are they to the child? Again, legally they don't have any rights, and yes they could TRY to get them but it would be tough to do and the child may or may not have to be involved at all.

 

[SM5NY]

Hello, they usually saw her once a year and called every other weekend but skipped alot. They never really requested her for a visit all that often and the last time they saw her a year and 4 months passed. But after the adoption went through they are calling excessively and talking about vacations with her and making false promises. Plus, my daughter does not want to go with them, she says, " please don't make me go".
If she or I tell them how she feels, they insist it's me say things to her and they say' Oh she knows we love her". totally ignoring realitly.
Tell ya the truth, it drives me nuts.
If any court did not have to involve her, I would do it in a heart beat but wanted to check first. I want my daughter's life to be as calm as possible with this sort of stuff. It's bad enough she had to go through anything of this nature from age 2-6. She's such a sweetheart and deserves the world.
Thanks

 

[tigger22472]

It's likely that IF THEY WERE TO FILE (which BTW would have to be in your state) the most your daughter would be subject to is speaking to a GAL. I asked how much contact before and after because this is a common thing with sudden contact and all the time. The time before is what will make the difference. This is a decision you and your husband will have to make on what to do.

 

[SM5NY]

Ok, we will, and thank you for your help. It is much appreciated.
Thankd again.

 

[Bay1954]

Grandparent Visitation post adoption NY State

I am in NY. By statute, grandparents have rights to petition for visitation after adoption -although bio parents do not-
These rights exist whether the adoption is by a step parent or by a stranger.
There has been some very recent case law, however, that could help you.
Yes, the GPS can sue -and yes, if you are not not up on recent case law, they (the GPS) may prevail.
I will look for the recent court decision and post it.
Whether you deny or grant interim visitation---please keep a diary-write everything down.
Bay

 

[Bay1954]

Amy M v Leland C.
2005 NY Slip OP 51021(U)
Family Court Monore County
Basically, the rights of the adoptive parents were withheld --but this has not always been the case. NY state is one of the worse states in which to be sued for GP rights. Unlike many other states, even traditional intact nuclear families -bio mom and dad, can be sued for GP visitation in NY. GP visitation is written into law under the state's adoption law as well.
Just go sure and steady. Do what you and your husband feel is best. Should they sue, refer to the case above. Also, should they sue, it is important that you find a good atty.
If I can help you at all, let me know. I am not an atty but I have been an advocate for fit parents fighting the Grandparent Visitation Laws in NY State for years.