Follow us on Facebook Grandparent Visitation Rights and Adoption
Monday, 16 January 2012 18:39 Written by David Canale
A recent Georgia Supreme Court decision creates a potential minefield for biological grandparents of grandchildren who are adopted outside of their biological family. In Kunz v. Bailey, the Georgia Supreme Court affirmed the Court of Appeals’ reversal of the trial court decision denying a motion to dismiss in a grandparent visitation rights case. The biological paternal grandparents had filed an action under O.C.G.A. § 19-7-3, seeking visitation rights with their biological grandchild who had been adopted by a stepparent after their son’s parental rights had been terminated. Initially, the child’s mother and new adoptive father had allowed visitation, but when those visitations ended, the grandparents sought judicial relief.
The Supreme Court held that the grandparent visitation rights statute applied to adoptive parents as well as biological parents, and therefore, since the adoptive parent and the biological mother were married and living together, and there was no custody action pending between them, the biological paternal grandparents had no right to file an action seeking visitation rights.
The legal principle created by this decision can put biological grandparents in a difficult position. If a child’s parental rights are terminated, then that child’s parents, a.k.a. the biological grandparents, can lose their rights to be involved in their grandchild’s life. Today, it is not unusual for a parent to surrender or have their parental rights terminated, so that the other parent’s new spouse can adopt the child. If you as a grandparent are faced with the termination or surrender of your child’s parental rights to your grandchild, then you should certainly seek the advice of an experienced family law attorney so that you will know your rights if and when the termination or surrender, and subsequent adoption of your grandchild, occurs. Our firm has experienced family law attorneys who can assist you with your case. Please contact our office for assistance.
