Does Court-Ordered Grandparent Visitation Continue After Adoption

My question involves adoption law for the State of: North Carolina

I am currently in the process of adopting my step daughter. her mother is deceased, but her biological grandmother has visitation currently, court ordered. When the adoption takes place, will the visitation order be terminated automatically, or will we have to fight that battle separately? Also, how will the grandmother be informed of the termination if it is automatically done within the adoption? Thanks!

Sometimes court ordered grandparent visitation will survive a stepparent adoption.

Consult with an attorney - and please wait for llworking to stop by.

Why do you think grandma's visitation will be automatically terminated if the adoption goes through? More importantly, why would you want to cut the child off from mom's family?

Quote:

---

§ 50-13.2A. Action for visitation of an adopted grandchild.
A biological grandparent may institute an action or proceeding for visitation rights with a child adopted by a stepparent or a relative of the child where a substantial relationship exists between the grandparent and the child. Under no circumstances shall a biological grandparent of a child adopted by adoptive parents, neither of whom is related to the child and where parental rights of both biological parents have been terminated, be entitled to visitation rights. A court may award visitation rights if it determines that visitation is in the best interest of the child. An order awarding visitation rights shall contain findings of fact which support the determination by the judge of the best interest of the child. Procedure, venue, and jurisdiction shall be as in an action for custody. (1985, c. 575, s. 2.)

---

It is in the best interest of the child that she not travel as court ordered for visitation with the biological grandmother. (she travels 7 hours away for the visitation) She will be starting school and it is not okay for her to travel 7 hours friday, and then 7 again on sunday, return home at 9p.m. on a school night, and then have to go to school the next morning. we do NOT want to cut the child's family from her, we moreso would like for the order to be void and things go on our terms in the best interest of the child, so that she is not away on birthdays, christmas, etc as it is ordered currently. we would like to be able to have holidays as a family, but still include them just as the other grandparents of the child are included. She is mentally abusing the child by bringing her to the grave yard, teaching her against me, as her stepmother, against her father, etc. the grandmother refuses communication with myself, while my husband is away if she has the child. she refuses to return the child to me, because i am not on the court order, etc.. we only want to do what is absolutely best for the little girl, for her to live as much of a normal life as possible.. being away from home just as much as she is at home, isnt healthy at this point in her life. Her doctors and therapist also agree that it is in her best interest for the visitation to be limited. we would like for the grandmother to video chat, phone call, etc rather than 2 weeks a month of visitation with her 2 states away. -- we are hoping that this will allow us to cut the nonsense, fighting etc as far as the order is concerned and allow us to allow her more visits during the "non school year" vs during her educational time. i hope i've explained myself well!

- - - Updated - - -

let me clarify, the 2 week visitation a month is what is current, the weekend, twice a month will be when school starts. along with extended weekends for holidays, birthday, etc. It is bogus that the child should travel 7 hours to spend halloween with her grandmother every other year, travel 7 hours, miss school, because it is court ordered that she spend grandma's birthday with grandma... the list goes on...

It's true that a workable school schedule becomes increasingly important as the child gets older, but the more likely solution the court will consider is to put the burden of travel on grandma, effectively removing that burden from the child (or some combination of alternative contact, such as those you've suggested), coupled with giving grandma chunks of time over non-school periods.

Quote:

---

Quoting aardvarc

---

It's true that a workable school schedule becomes increasingly important as the child gets older, but the more likely solution the court will consider is to put the burden of travel on grandma, effectively removing that burden from the child (or some combination of alternative contact, such as those you've suggested), coupled with giving grandma chunks of time over non-school periods.

---

Yep, that's what I'm thinking.

Quote:

---

Quoting armywife0715

---

It is in the best interest of the child that she not travel as court ordered for visitation with the biological grandmother. (she travels 7 hours away for the visitation) She will be starting school and it is not okay for her to travel 7 hours friday, and then 7 again on sunday, return home at 9p.m. on a school night, and then have to go to school the next morning. we do NOT want to cut the child's family from her, we moreso would like for the order to be void and things go on our terms in the best interest of the child, so that she is not away on birthdays, christmas, etc as it is ordered currently. we would like to be able to have holidays as a family, but still include them just as the other grandparents of the child are included. She is mentally abusing the child by bringing her to the grave yard, teaching her against me, as her stepmother, against her father, etc. the grandmother refuses communication with myself, while my husband is away if she has the child. she refuses to return the child to me, because i am not on the court order, etc.. we only want to do what is absolutely best for the little girl, for her to live as much of a normal life as possible.. being away from home just as much as she is at home, isnt healthy at this point in her life. Her doctors and therapist also agree that it is in her best interest for the visitation to be limited. we would like for the grandmother to video chat, phone call, etc rather than 2 weeks a month of visitation with her 2 states away. -- we are hoping that this will allow us to cut the nonsense, fighting etc as far as the order is concerned and allow us to allow her more visits during the "non school year" vs during her educational time. i hope i've explained myself well!

- - - Updated - - -

let me clarify, the 2 week visitation a month is what is current, the weekend, twice a month will be when school starts. along with extended weekends for holidays, birthday, etc. It is bogus that the child should travel 7 hours to spend halloween with her grandmother every other year, travel 7 hours, miss school, because it is court ordered that she spend grandma's birthday with grandma... the list goes on...

---

How the heck in this day and age did grandma basically get a 50/50 visitation schedule with the child? Did your husband just roll over and play dead? Grandma's visitation will survive a stepparent adoption, but your husband definitely needs to take it back to court to try to get the visitation drastically changed. 7 hours one direction, for weekends, is not in the best interest of a school aged child, nor should the child be missing school to accommodate visitation with grandma.

she tried bringing him to court before we married, we rushed our marriage because as a single soldier, he would have lost custody completely. court was in a town where gma was raised, has ties to the community, etc. knowing the judge, she basically got anything she wanted because of that and my husband didnt have a lawyer at the time. the judge looked at him and said "dont be difficult son, just let the woman see her grandchild the way she pleases!"

- - - Updated - - -

I'm basically just wondering if the current agreement will be void, and she will have to re-bring US to court.. or if that agreement will just stay until we fight it back (again)

Quote:

---

Quoting armywife0715

---

she tried bringing him to court before we married, we rushed our marriage because as a single soldier, he would have lost custody completely. court was in a town where gma was raised, has ties to the community, etc. knowing the judge, she basically got anything she wanted because of that and my husband didnt have a lawyer at the time. the judge looked at him and said "dont be difficult son, just let the woman see her grandchild the way she pleases!"

- - - Updated - - -

I'm basically just wondering if the current agreement will be void, and she will have to re-bring US to court.. or if that agreement will just stay until we fight it back (again)

---

Well, technically, since you are not part of the order, once you become the child's mother you will not be bound by the order. The problem is that dad will still be bound by the order, therefore if you do not cooperate, dad can get hauled into court for contempt.

I know one family who had a similar situation. What they did was dad showed up to give the child to grandma, and adopted mom then swept in, in a different vehicle, and took the child right back with her. The judge didn't hold dad in contempt, but did eventually add adoptive mom to the order so that she was bound by it as well.

Again, though, this is an instance where there is a 7 hour distance between homes and the child is starting school. Weekends are not realistic nor would they be in the best interest of the child, unless grandma wanted to exercise weekend visitation in dad's community. So obviously this is going to end up back in court, and the adoptive mother will end up being added to the order.

Quote:

---

Quoting armywife0715

---

She is mentally abusing the child by bringing her to the grave yard, ...

---

So the child's mother is dead?