More details to this question:
Unfortunately a few years ago I had to give my two young sons up for adoption. The reason for this was I live in Toronto Canada and they live in Utah USA. My ex wife was remarried and I felt I was unable to provide time, travel cost, child support and the needed father time. I thought it would be best to give my ex wifes husband the ability to be the full father. In the adoption and on the court papers it clearly states that my parents (grandparents) remain as such. It states they have access to phone calls, pictures, letters, and supervised visitations. I have not been in contact (even though I fully regret this) however my parents (grandparents) want to be in contact with them and see them. My ex wife and here husband has told them they are not allowed to call or see them. If it is stated in the legal adoption papers that they can call and see them can my ex turn around and decline? Also is there any way I can have pictures?
1 ANSWER
Recent changes in the law have given parents greater rights that can overcome even natural and legal grandparents' rights. This makes it vastly harder for loving grandparents to develop a relationship with their grandchildren when the parents don't approve.
In order to sue for grandparent visitation over the parents' objection, your parents must first be able to prove that that your children would experience substantial harm if they don't have a relationship with your parents. If, for example, your ex and her husband are abusing or neglecting the children, your parents might have an argument that their positive influence and supervision is needed to counterbalance the negative effects of their home environment. Keep in mind, however, that this can be a very hard burden to meet. An experienced Family Law attorney would be able to give more specific advice after hearing all the details of the children's home environment, etc.
You may find it beneficial to consult with an attorney who can help your parents negotiate with your ex and her husband for some level of involvement in your children's lives. Are they willing to accept presents? Letters? Should the grandparents avoid certain topics? Can they at least stop by once a year? While parents don't have to have a great reason to keep individuals - even grandparents - away from their children, a skilled negotiator may be able to help them communicate with the parents and perhaps come to an arrangment that will benefit the children without infringing on the parents' rights.
Answered on Jun 20th, 2016 at 11:11 AM