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What Rights Do Grandparents Have in an Adoption Case – Tips from a Kansas Adoption Lawyer

What Rights Do Grandparents Have in an Adoption Case – Tips from a Kansas Adoption Lawyer
December 19, 2016 James Greenier

Adoption can be a great way for parents to create or add additional members to their already existing family. It can also be difficult at times considering there are multiple parties and pre-existing family members involved. One of those pre-existing family members is the grandparent of the child that is being put up for adoption. As a blood relative of the child there may be certain rights or wishes the grandparent would like to exercise when it comes to the adoption of their grandchild, however Kansas has particular laws regarding this subject matter.

Grandparent’s Rights After Adoption Laws in Kansas

Kansas adoption laws regarding a grandparent’s rights state that the court can award visitation rights to grandparents in a custody order. However, adoption cuts off the visitation rights of the grandparents. There is an exception to this however if the grandparent is the parent of a deceased parent and the surviving parent’s spouse adopts the child. The rules stating the general termination of grandparents’ rights are typically in place for adoptions that occur publicly or privately and when the parties are not related or family members.

The termination of rights usually occurs when the biological parents’ rights are terminated.  Exceptions can be made if a family member, stepparent, or other connected individual is the one adopting the child. This may be a possibility if for example the stepparent adopts the child after their spouse and biological parent dies, and the biological grandparents of the child wish to be afforded visitation rights. These situations can become somewhat complicated; therefore it is important to discuss the details and your options with an experienced Kansas adoption lawyer.

How a Grandparent Can Petition for Visitation Rights

If you are a grandparent who wishes to secure visitation rights with your grandchild, you may have options. It may be possible to petition the court in order to request visitation rights. The court will evaluate the details of the situation and ultimately make a decision that suits the best interest of the child. They will consider factors such as the relationship the child has with their grandparent, how much time they currently or previously spent with each other and the quality of the environment in which time would be spent with them.

If the grandparent currently has or previously had a relationship with the adoptive parents, the court may also use its discretion and decide that continued visitation would be in the best interest of the child. Although these circumstances are not the norm and the possibilities are subjective to each matter, a grandparent may have options that fall under the exception to the termination rule. An experienced attorney can help educate you on Kansas adoption laws and provide insight as to what your possible options and outcomes may be.

If you are the grandparent of a child who is or may be up for adoption and you would like to protect your rights, our firm can help you. Contact an experienced Kansas Adoption Lawyer with your adoption questions and your rights as a grandparent in Kansas. Adoption can be a stressful and emotional time if you have a close relationship with your grandchild, and our team of adoption lawyers is here to help ease your worries and assist you in any way we can. Call McDowell Chartered Legal Services today at (316) 633-4322 to see how we are able to assist you with your adoption questions.