Legal Question in Family Law in California
Once a child has been legally adopted, can the biological parents petition the court for visitation?
I originally submitted this question on 8/27/09, None of the attorneys have offered an answer yet. I would truly appreciate an answer. I hope it's not being past up because it's a dumb question or there's no definate answer for me.I'm resubmitting it today, 9/9/09 and hoping for a response this time...please..
1 Answer from Attorneys
It certainly isn't a dumb question. As a part of a standard adoption, the biological parents' parental rights are terminated. So no, after those orders are entered, a biological parent canot after the fact petition for visitation -- they would have a limited time to move to set aside the orders terminating their rights. I have had a couple unusual cases where even though we allowed parental rights to be terminated, as a part of those court orders, we obtained limited visitation rights -- but that was by all the parties' agreement, which the court entered as an order (judgment).