I adopted my grandson last month. Before adopting him, we went to mediation and the bios agreed to TPR but I had to agree on the paternal grandmother getting visitation. My lawyer says I have to wait to "modify" the orders for 6 months. My question is: Aren't those orders negated after adopting? My lawyer seems to think they still are active. My concern is that the paternal grandmother is only demanding visitation so the bios can continue to have contact with my son (grandson). My new son comes back dirty and exhausted and totally out of sorts after a weekend visit with this woman. Is there any way I can get out of these visits without being in contempt of court?

Misty,
Hi. I am also in Texas and am in the EXACT same boat as you, and can't get ANY straight answers anywhere!
Let me ask you this...after the adoption were you given any sort of final order papers? What county are you in, and what does your order granting adoption say regarding paternal grand?
Curious to see if we can compair notes and come up with some answers ourselves or maybe figure out where to go for answers.
BTW...Congratulations on the adoption!! :D

Well some states give grandparent visitation rights that survive any grandparent adoption process. My suggestion is to take some pictures of the child after visitation to display when you seek to have her visitation terminated, but as a practical point, I doubt that would get the other grandparent's visitation terminated as children play and get dirty and it does not necessarily mean anything but the kid is normal, active, healthy and playful. The standard is best interest of the child, not the child is dirty after visitation. I suggest that if this is a problem for you that you try some kind of counseling or mediation with the other grandparent to address your concern that the child comes back dirty after visitation with the grandparent. I know you may not like it, but you adopted as a grandparent and the other grandparent wants to exercise visitation, which is reasonable and probably good for the child in the longrun to have exposure to all sets of grandparents.

Absolutely, elklaw. But wouldn't the final paperwork have to say that specifically?

"U.S. Const. amend. XIV provides that no State shall deprive any person of life, liberty, or property, without due process of law. The court has long recognized that the amendment's Due Process Clause, like its U.S. Const. amend. V counterpart, guarantees more than fair process. The Clause also includes a substantive component that provides heightened protection against government interference with certain fundamental rights and liberty interests.

The liberty protected by the Due Process Clause of the United States Constitution includes the right of parents to establish a home and bring up children and to control the education of their own.

It is cardinal with the court that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder. "

Basically, the parents TPR is PERMANENT. You are the mother now. If you can prove that the other grandmother is actually allowing these people to care for YOUR child you do have the ammo to fight any court order interfering with the TPR. To the best of my knowlege, a TPR means that the birth parents have no right to be in the custody of the child any longer in any way shape or form. As far as spending supervised time with the child, that is up to YOU and you should be informed of this any time it happens.

Have your attorney look at Troxel v. Granville, 530 U.S. 57 and tell you what he/she thinks then. :cool:

FINALLY!! Something that really makes some sense!!
Thank you Susan L. for the SOLID information!!