QUESTION

Can I seek visitation rights for grandchildren adopted and living in another state

Asked on Dec 27th, 2017 on Family Law - Florida
More details to this question:
My son was murdered by his wife and they have twin children. The family court judge allowed the wife to give up her rights and chose her mother & stepfather as the adoptive parents shortly after crime and before wife pleaded guilty and was sentenced. It was a closed adoption and I found out at the sentencing hearing that the childrens last name was also changed to the stepfather's along with different first names. Virtually changing their heritage line. These adoptive parents were also out of state residents (Georgia) . I have no contact with children only and only a phone number for the step grand father. Can I challenged this entire adoption or at least get rights as a victimized grandparent. I feel totally ignored by the court system and doubly a victim
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
   I am so sorry you have gone through this terrible experience.  In Florida, a parent can give up parental rights and have another  couple adopt the children, but in this instance, the question is whether, under the circumstances, you should at least have been given a "seat at the table" and been notified of the adoption proceeding.  Unfortunately, in Florida grandparents do not have any automatic rights to see grandchildren if the parents do not permit it.  At this juncture, the perpetrator's parents have become the children's grandparents.  However, if the children are now living in another state, perhaps that state does have grandparent visitation rights.  Also, if the adoption took place in a state where there are grandparent visitation rights,  then Florida may honor those rights.  There was one case I know of that allowed this, but the judgment from the other state had already given the grandparents those rights. Do you at least know where the adoption took place?  If it occurred within a year and it occurred in Florida, it may be something that can be challenged.  I am not trying to give you false hopes, but you should contact an experienced adoption attorney so all the facts can be reviewed and then a determination made if you have some opportunity to pursue this matter. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com      
Answered on Dec 31st, 2017 at 2:40 PM

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