Grandparent Rights After Adoption

[Rhonda358]

I will make this brief. I have a quick question about grandparent rights in the state of georgia. We are in the process of adopting out great neice. Parent rights have been terminated by her parents. The maternal grandparent is demanding visitation on the child. There are past charges with this grandparent (molestation). Do we have to allow visitation or are all rights terminated when the parents voluntary terminated theirs? Please advise, for we don't know what to do.

[cksherer]

Once you adopt a child you are the parent. After adoption the new parents get to decide who the child can and can not see.

[Rushia]

Once you adopt a child you are the parent. After adoption the new parents get to decide who the child can and can not see.

Careful with blanket statements such as these. If one cares to google Georgia statutes for grandparent visitation rights, one would find that an adoption is almost guaranteed to grant standing to the grandparent. It does not mean that the gp would win, but it certainly would open the door for the suit.

[cksherer]

I am assuming The grandparent visitation statute, requires a visitation order to be issued by the circuit court prior to the termination of parental rights of a grandparent’s son or daughter to protect grandparent visitation rights with the children of that son or daughter.

[Rushia]

I am assuming The grandparent visitation statute, requires a visitation order to be issued by the circuit court prior to the termination of parental rights of a grandparent’s son or daughter to protect grandparent visitation rights with the children of that son or daughter.

Nope, a lot of states have this written in that once an adoption occurs, (whether it's step, blood, or even regular adoption) standing is automatically granted to the biological gp, it further complicates matters that the adoptive gps could sue as well.

But here you go, for Georgia:

Pursuant to Sec. 19-7-3(a), grandparents had "the right to seek visitation of a minor grandchild in three ways: by filing an original action for visitation rights, by intervening in certain existing actions, including those where the custody of a minor child is in issue, or by proceeding where there has been an adoption in which the adopted child has been adopted by the child's blood relative or a stepparent." Sec. 3(c) also provided grandparent visitation "upon proof of special circumstances which make such visitation rights necessary to the best interests of the child."