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  1. #1
    Join Date
    Jan 2010
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    4

    Default Grandma Wants Visitation After Adoption

    My question involves grandparents rights in the State of: Ohio

    I am new here so I will try to be as clear as I can and follow the rules about posting.

    My cousin had a child that was place with us as a foster child due to drug use. We got legal custody when he was a year old. We filed to adopt when he was 2. The adoption was final around his 3rd birthday.

    Two days after the adoption was final his biological grandma sued us for visitation. Our attorney filed a motion to dismiss. We have let her have visitation all this time, but she wants him overnight. We dont feel comfortable with that so she is taking us to court.

    Has anyone been through this in Ohio that could share some information.

    Thanks in advance!

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Grandma Wants Visitation After Adoption

    Quote Quoting mom2all4
    View Post
    My question involves grandparents rights in the State of: Ohio

    I am new here so I will try to be as clear as I can and follow the rules about posting.

    My cousin had a child that was place with us as a foster child due to drug use. We got legal custody when he was a year old. We filed to adopt when he was 2. The adoption was final around his 3rd birthday.

    Two days after the adoption was final his biological grandma sued us for visitation. Our attorney filed a motion to dismiss. We have let her have visitation all this time, but she wants him overnight. We dont feel comfortable with that so she is taking us to court.

    Has anyone been through this in Ohio that could share some information.

    Thanks in advance!

    Well, it was probably a mistake to allow grandma visitation without a court-order - you've essentially agreed to her request for visitation and that's going to make fighting it even harder.

    What is your attorney advising?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Jan 2010
    Posts
    4

    Default Re: Grandma Wants Visitation After Adoption

    Our atty is filing a motion to dismiss, and thinks it will be granted. The reason there have been visits is because he has siblings with another relative and grandma was their transportation. We felt that the kids should be allowed to visit each other although there has never been a court order for it. Grandma tried to get custody early on but was denied.

    you've essentially agreed to her request for visitation and that's going to make fighting it even harder.

    That is why we dont understand the request for court ordered visitation though, she has always been allowed visits. Would a judge order visitation when there is already visitation happening?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,468

    Default Re: Grandma Wants Visitation After Adoption

    Quote Quoting mom2all4
    View Post
    That is why we dont understand the request for court ordered visitation though, she has always been allowed visits. Would a judge order visitation when there is already visitation happening?


    Because at the moment you have every right to say "no"; any visitation is happening ONLY because you're allowing it.

    Once there is court-ordered visitation you no longer have the option of allowing or disallowing it - it's going to happen regardless.

    it's a huge and very important difference.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Jan 2010
    Posts
    4

    Default Re: Grandma Wants Visitation After Adoption

    Just an update...

    The judge ruled that since the petition for visitation was filed after the adoption was finalized, grandmother had no legal status for visitation.

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