What are the chances of grandparents getting custody?

Question

My husband ( the man my daughter calls Dad) and myself are going to start the process for a legal step parent adoption. As I stated my child's biological father has not seen or been in contact for over 2 years. His mother, whom has also only seen in the picture on occasion is going to petition for grandparent rights. This is something I am against and will fight to the end on. Legally, what are her chances?

Marshal Willick · Answer

You might want to look over the "third party" custody and visitation statutes.

Kevin Bruning · Answer

You need to hire a competent Family Law Lawyer who has experience with grandparents' rights issues.  I have handled a very hotly litigated grandparents' rights case.  I represented the grandparents and won the right for the grandparents to visit with their grandchild.  However, the rights afforded grandparents are limited under Illinois law.  It does not sound like the grandparents of your child would have a very strong case.

Joanna Mitchell · Answer

Grandparents do not have rights in the state of Florida.

Steven D. Dunnings · Answer

The grandparents have no standing to file for custody if the biological father is still alive.

William Spern · Answer

I commend your spouse for stepping up to adopt your biological son. However, in Michigan, before he can adopt, the biological father's parental rights have to be terminated. Two years is the minimum time to begin the process. You must petition the court to terminate his rights and allow your spouse to adopt. You must give the bio-father notice of the hearing by serving with a copy of the petition or using some alternate means of service. There are no grandparents rights in Michigan. All rights of the grandparents exist their son. Do not be surprised that when you petition, that the bio-dad will suddenly appear to contest the termination and subsequent adoption. Be prepared to show the absolute lack of contact by the bio-dad. Also, any lack of support or ever increasing support obligation will be helpful but not totally determinative. As I said, two years is the minimum time to begin the process, so don't be surprised that the judge will give the bio-dad the opportunity to re-establish his parental spirit (probably at the private insistence of the grandparents).

Glenn Tanner · Answer

Little to none. She will have to prove you unfit. Otherwise she's got no rights in Washington.

John Kirchner · Answer

Not good in Colorado.  If you accomplish the step-parent adoption by involuntary termination of the father's rights, grandparents cannot obtain visitation rights.  Regardless of whether or not you successfully pursue the step-parent adoption, in Colorado it is virtually impossible for grandparents to obtain custody over the objection of  a parent.  It is difficult for a grandparent to even obtain visitation over the object of a parent.

Aimee Carol Robbins · Answer

Maryland only grants custodial rights to grandparents in exceptional circumstances, such as extreme neglect by the parents. If you are a good parent your chances are excellent in preventing his mother from seeking custodial rights, or visitation rights if you do not approve.

Kathryn Hudson · Answer

For a grandparent to be successful in obtaining visitation rights the court will look at whether a strong bond has been created through frequent visitation in the past that would be harmful to the child if discontinued. A grandparent that has not been a major presence in the child's life will have difficulty obtaining a visitation order over the objections of the custodial parent.

Frances Headley · Answer

It is unclear from your question whether the grandparent is seeking visitation or custody of the child.  The rules are quite different for visitation versus custody.  You should consult a family law attorney familiar with step parent and grand parent proceedings.

James Lentz · Answer

Step parent adoptions are quite common, and can occur with or without permission of the biological parent.  The court will need to decide whether it is in the best interest of the child, but absent objections by bio-dad I would say your chances at success are excellent.  The grand parents may still seek time with the child, and the court may decide that is acceptable.

Mark Brown · Answer

In Washington state, the grandparent's chances of successfully obtaining custody are almost non-existent.  However, you will be required to give the biological father notice of the adoption petition.   If the grandmother persuades him to surface and object, the adoption is unlikely to be approved over his objection.  Be sensitive to the emotional impact of all this on your daughter.

Lynda Leblanc · Answer

Generally, grandparents have to show that they have played an active role in the child's life to be awarded grandparent's rights.  The basis for whether or not grandparents are awarded visitation rights is the best interest of the child.  You should get your petition for step-parent adoption on file as soon as possible.  Make sure you follow the statutes as to notice precisely as the Court will not move forward without proper notice and service.  I would highly advise that you hire an attorney if grandma is going to make an issue.  These types of matters are very heated and half of the battle is keeping your cool in the courtroom, the other half is knowing the laws.

Michael Dehaven · Answer

Grandparents are granted rights by Maryland's Family Law Article, Section 9-102, which declares that:  An equity court may: (1) consider a petition for reasonable visitation of a grandchild by a grandparent; and (2) if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent.  However, according to Maryland case law, there is a presumption that fit parents make decisions that are in the best interests of their children. Therefore a third party has to show either parental unfitness or exceptional circumstances before a third party will be awarded visitation or custody. If the third party demonstrates either parental unfitness or exceptional circumstances, then the court will consider what schedule would be in the minor child's best interest.  The "chances" of success will depend on the evidence presented to the court. You should consult with an attorney who has experience in such matters in the county where your child resides.

Susan Correia-Champa · Answer

Legally it is very difficult to establish grandparent visitation.  The statute sets forth very specific criteria.  If your child has not had an established relationship with the grandparent it will be very difficult for the grandparent to establish those rights.  The court would most likely appoint a Guardian Ad Litem (someone appointed by the court to investigate whether  the  grandparent should have visitation) at the grandparent's expense.

Dean Esposito · Answer

Is the grandmother petitioning the court for custody or visitation, there is a  big difference between the two. If the grandmother requests custody, pursuant to La C.C. article 133, she must  prove that an award of custody to you, the mother, would result in substantial  harm to the child. It will not be easy for her to prove such. If the grandmother wants visitation,then under La C.C. article 136 (b), "in  extraordinary circumstances" a relative may be granted visitation if the court  finds it is in the best interest of the child. In determining such, the court  will consider the length and quality of the relationship between the child and  relative and other factors.   Based on your question detail, the grandmother does not have any type of  relationship with the childso, in all likelihood, she would be awarded  visitation.

William Wood · Answer

Grandparents have inferior rights compared to biological parents  regarding custody and visitation.  In order for her to prevail in a  custody dispute with you, she would first have to show that either you  are an unfit parent or that some exceptional circumstance exists.  An  example would be that the child has either resided with the grandparent  in the past or that there is a particularly close relationship between  the two.  If she is able to do either of those, then the court would  determine custody based on what is in the child's best interest.  As a  practical matter, if the child has always resided with you and is doing  well, it is highly unlikely that a court would change anything.  I would  recommend consulting with an experienced family law attorney to discuss  your case in detail.

Ronnie Vargas · Answer

Before your spouse can adopt your daughter, you need to terminate the biological father's parental rights. Once his rights are terminateed, then the grandparents would have no legal rights.

Glen Edward Ashman · Answer

There is no such thing in Georgia as grandparents rights in an adoption.  You need and presumably have a lawyer for your adoption case.

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What are the chances of grandparents getting custody?

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