Page 1 of 2 1 2 LastLast
Results 1 to 10 of 15
  1. #1
    Join Date
    Sep 2007
    Location
    yoakum Texas
    Posts
    7

    Question Grandparents Rights If A Parent Gives Up Her Rights

    Hello to one and all . I will make this short sweet and right to the point .....
    My grandchildern live in Arkansas with there father and his new wife . I how ever live in Texas ...I'am just finding out that my ex-son-in law wants my daughter to give up her rights has a mother ...Just where does that put me ..I know nothing about Arkansas's law on Grandparents right let alone what will happen when the mother gives up her rights ....Please can someone help ..I feel like i'am hitting my head on a wall
    thank you nanie

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Grandparents Rights

    Most states have laws that protect grandparents. Why do you think you might not be able to see the children?

  3. #3
    Join Date
    Jan 2006
    Posts
    28,090

    Default Re: Grandparents Rights

    In most cases, a state will not allow one to reliquish their parental rights unless extreme circumstances are involved or there is another to adopt the child.

    If the child is adopted Arkansas statute 9-9-215 would come into play and remove all rights of the bio parent and her bio relatives.

    9-9-215. Effect of decree of adoption.

    (a) A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this state or of any other place, have the following effect as to matters within the jurisdiction or before a court of this state:
    (1) Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the biological parents of the adopted individual of all parental rights and responsibilities, and to terminate all legal relationships between the adopted individual and his or her biological relatives, including his or her biological parents, so that the adopted individual thereafter is a stranger to his or her former relatives for all purposes. This includes inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship. However, in cases where a biological or adoptive parent dies before a petition for adoption has been filed by a step-parent of the minor to be adopted the court may grant visitation rights to the parents of the deceased biological or adoptive parent of the child if such parents of the deceased biological or adoptive parent had a close relationship with the child prior to the filing of a petition for step-parent adoption, and if such visitation rights are in the best interests of the child. The foregoing provision shall not apply to the parents of a deceased putative father who has not legally established his paternity prior to the filing of a petition for adoption by a step-parent. For the purposes of this section, "step-parent" means an individual who is the spouse or surviving spouse of the biological or adoptive parent of a child but who is not a biological or adoptive parent of the child.
    Due to the SCOTUS case of TROXEL et vir. v. GRANVILLE, grandparents rights in a typical situation have been curtailed greatly and the parents of the child have been allowed to control the rights of visitation to a much greater degree. I believe that case caused the Arkansas statutes to allow petition of visitation by a grandparent to be ruled unconstitutional. Not positive of that though and I do not know if there has been successive statutes enacted to replace the previous statutes.

  4. #4
    Join Date
    Sep 2007
    Location
    yoakum Texas
    Posts
    7

    Angry Re: Grandparents Rights If A Parent Gives Up Her Rights

    Well Deadlock its like this, My daughter who is giving up her rights lives no more then 15 mints away from me ...And my grandchilderns new mother has small problem with me . I'am gay and have been with my lover for 11 years now .. see a whole different thing .

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Grandparents Rights If A Parent Gives Up Her Rights

    If the mother gives up all parental rights, you will have a difficult time if the your son-in-law refuses you the right to see your grandchildren.

    The Grandparents Visitation Act of 1998 is meant to enforce the visitation rights of grandparents who have been given visitation rights by the courts from state to state.

    You could petition the court for visitation rights (in Arkansas) but the burden of proof will be on you to show that not seeing you will be harmful to the children.

    As you know visitation rights to do with the non-custodial parent rather than grandparents in most cases.

    In any event the law quoted above has to do with adoption in biological parents giving a child for adoption and surrendering all parental rights.

  6. #6
    Join Date
    Jan 2006
    Posts
    28,090

    Default Re: Grandparents Rights If A Parent Gives Up Her Rights

    Quote Quoting nanie
    View Post
    Well Deadlock its like this, My daughter who is giving up her rights lives no more then 15 mints away from me ...And my grandchilderns new mother has small problem with me . I'am gay and have been with my lover for 11 years now .. see a whole different thing .
    I suggest it will be beyond difficult. As the statute previously posted states:

    Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the biological parents of the adopted individual of all parental rights and responsibilities, and to terminate all legal relationships between the adopted individual and his or her biological relatives, including his or her biological parents, so that the adopted individual thereafter is a stranger to his or her former relatives for all purposes.
    can't get visitation rights to a legal stranger. In the eyes of the courts, you will no longer be grandma.

  7. #7
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Grandparents Rights If A Parent Gives Up Her Rights

    As soon as someone mentions adoption, jk, you jump right in with your 9-9-215. Effect of decree of adoption law.

    So far we have only gotten to possibility of her daughter giving up parental rights.

  8. #8
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Grandparents Rights If A Parent Gives Up Her Rights

    Nanie, you might start with a letter to your son-in-law stating your desire to be as supportive to your grandchildren as possible, even in the event your daughter does give up parental rights.

    See how he responds. He may be glad to know that he might be able to count on you in the event things don't go well in the future.

    Best wishes.

  9. #9
    Join Date
    Jan 2006
    Posts
    28,090

    Default Re: Grandparents Rights If A Parent Gives Up Her Rights

    Quote Quoting deadlock
    View Post
    As soon as someone mentions adoption, jk, you jump right in with your 9-9-215. Effect of decree of adoption law.

    So far we have only gotten to possibility of her daughter giving up parental rights.
    DL, I am simply being realistic. Most states will not terminate parental rights unless there is another parent to step in. As well, most states will not simply allow a parent to "give up" parental rights. There are about 13 million (made up number) dads that would be thrilled if they could give up parental rights and not have to pay child support any more.

    If you actually took the time to read my entire post, I did say:

    In most cases, a state will not allow one to reliquish their parental rights unless extreme circumstances are involved or there is another to adopt the child.

    If the child is adopted Arkansas statute 9-9-215 would come into play and remove all rights of the bio parent and her bio relatives.
    That was not giving any definates, simply possibilities, realistic possibilites.

  10. #10
    Join Date
    Sep 2007
    Location
    yoakum Texas
    Posts
    7

    Wink Re: Grandparents Rights If A Parent Gives Up Her Rights

    Quote Quoting deadlock
    View Post
    Nanie, you might start with a letter to your son-in-law stating your desire to be as supportive to your grandchildren as possible, even in the event your daughter does give up parental rights.

    See how he responds. He may be glad to know that he might be able to count on you in the event things don't go well in the future.

    Best wishes.
    Thank you Deadlock,
    I have just restarted talking with my exson-in-law...its his common law wife that has the problem with me..I and even partener follow ever rule he has put down. All of you are very helpful and I hope to get more input and help from you all .

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Grandparents and Third Parties: Step Parent Rights and Biological Parent Rights
    By Kerryannc1975 in forum Child Custody and Visitation
    Replies: 2
    Last Post: 10-01-2010, 07:52 AM
  2. Grandparents and Third Parties: What Are Grandparents Rights in Tennessee After Death of Parent
    By NBrown64 in forum Child Custody and Visitation
    Replies: 1
    Last Post: 01-15-2009, 06:01 PM
  3. Grandparents and Third Parties: Grandparents Rights
    By georgia in forum Child Custody and Visitation
    Replies: 2
    Last Post: 12-11-2008, 11:17 PM
  4. Grandparents and Third Parties: Grandparents Visitation Rights in Arkansas, and How Much Control a Parent Has
    By Moonbeam13 in forum Child Custody and Visitation
    Replies: 5
    Last Post: 10-04-2007, 06:49 AM
  5. Grandparents Rights
    By Meekaa in forum Child Custody and Visitation
    Replies: 1
    Last Post: 06-13-2006, 02:16 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document