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?'s concerning grandparents rights in IN

Posted by connie0751 (My Page) on
Sun, Dec 11, 05 at 3:00

My grandkids are in their early teens. They signed papers to have their step father adopt them. Does anyone know what rights, if any, that I might have? The kids say nothing will be different except their last name will change. I am told my son will not be able to contact them, but they can contact him. Does anyone out there have any experience/info on what I should expect? TIA!


Follow-Up Postings:

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RE: ?'s concerning grandparents rights in IN

You may not have any rights, so you may not be able to see your grandchildren. You should probably talk to a family law attorney to find out what, if anything, you can do to stay in touch with your grandchildren.

How sad. In this case, the "sins of the father" are visited on not only on the next generation, but the previous one, as well.

Good luck.


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RE: ?'s concerning grandparents rights in IN

If nothing has changed between you and your grandkids, just keep in touch in the same way you have. Are you on speaking terms with the mother? I went to school with a girl; both she & her mother lived with 'his' parents. You may not need to consult a lawyer. I would hope your continuing love would be accepted without any problem.


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RE: ?'s concerning grandparents rights in IN

It's not a matter of her relationship with her grandchildren, it's a legal matter. Legally, the children are no longer her grandchildren, which must be heartbreaking. Their "new" father may not want them to have any contact with their "old" father's family, and he may have the legal right to insist on that. And the children probably won't want to create disharmony in the family, and will go along with his decision. Be careful, and be prepared.

There have been legal cases that were decided both ways, in favor of the grandparents having a continuing relationship, and against the grandparents having any contact with their grandchildren.

Thankfully, they are teenagers, so in a few years they can make their own decisions as to who the spend time with.


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RE: ?'s concerning grandparents rights in IN

From the Indiana Code:

IC 31-17-5-2
Best interest of the child; in chambers interview of the child
Sec. 2. (a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.
(b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had or has attempted to have meaningful contact with the child.
(c) The court may interview the child in chambers to assist the court in determining the child's perception of whether visitation by a grandparent is in the best interests of the child.
(d) The court may permit counsel to be present at the interview. If counsel is present:
(1) a record may be made of the interview; and
(2) the interview may be made part of the record for purposes of appeal.
As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.3.

IC 31-17-5-3
Petition
Sec. 3. A proceeding for grandparent's visitation must be commenced by the filing of a petition entitled, "In Re the visitation of _________". The petition must:
(1) be filed by a grandparent entitled to receive visitation rights under this chapter;
(2) be verified; and
(3) set forth the following:
(A) The names and relationship of:
(i) the petitioning grandparent or grandparents;
(ii) each child with whom visitation is sought; and
(iii) the custodial parent or guardian of each child.
(B) The present address of each person named in clause (A).
(C) The date of birth of each child with whom visitation is sought.
(D) The status under section 1 of this chapter upon which the grandparent seeks visitation.
(E) The relief sought.

I'm in the very early stages of this process in NJ. Indiana has a portion of the code that is very wise: the child may be interviewed and asked if he/she wants to see the grandparents! New Jersey doesn't have that.

You're fortunate in that your grandchildren are older and able to speak for themselves. Mine are only 3 and 5 and as my attorney advised me there's usually no history from a child wherein he/she might have expressed a meaningful desire to see the grandparents.

In NJ, the court can order visitation even though the family is intact, which my daughter's is - it's just extremely dysfunctional, with abuse, big-time anger problems, gender identity issues, denial and depression all going on.

The parents deal with problems with other family members not by addressing them but by telling the family member that they cannot see the grandchildren, i.e., if you don't do such-and-such because I demand it, you won't be able to see the children. Or, because you said such-and-such about my spouse you cannot see the grands.

Lots of emotional abuse, brainwashing and isolating going on.

My attorney has advised that we will proceed to focus on the dysfunctionality in pressing our case to be allowed visitation, i.e., the parents cannot make healthy reasoned decisions.


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RE: ?'s concerning grandparents rights in IN

For the person who stated the children are not your"grandchildren"..bologny !!
They are still your biological grandchildren and nothing in the world can change that
the only thing changing is that your son has given up all of his parental rights in allowing your grandchildrens step father to adopt them.
you are still legally their grandparent and the only way you would need an attorney is if the mom and dad refuse to let you have contact with each other and it does not appear to be the case.
im new on this site or i would have said something sooner
i hope everything works out


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RE: ?'s concerning grandparents rights in IN

Tia since you are addressing teens, the info you have is correct. I don't know what went wrong with your son & his children but it doesn't reflect on you. You are still entitled to call & visit unless the children state different. They are old enough to make up their own minds. It very well could be an insurance issue, health care is very expensive. They're lucky to have a man who is willing to adopt them, this is something a lot of husbands don't want the burden of. If they divorce he is still responsible for them. It sounds like the kids are fortunate to have 2 dads.


 
 

 

 


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