Legal Question in Family Law in Illinois

Custody involving an Adoptive Step-parent

Is there any precedent for the court to give preference to a biological parent over an adoptive step-parent? Do the parents of the adoptive step-parent have legal grandparental rights over the minor child?

Thanks for any help you can provide!


Asked on 3/09/98, 8:33 pm

2 Answers from Attorneys

John Weech Magruder & Sumner

Domestic Relations Question

Q1: Preference of Biological parent over step-parent?A1: In GA, until a biological parent "abandons his/her rights" to the child, then they have a STRONG preference for custody. At 14, the child can choose which parent he/she wishes to live with.

Q2: Do parents of adoptive step-parent have legal grandparental rights over minor child?A2: In GA, there are no "grandparental rights." This would presumably also cover step-grandparents.

Thanks for you querry.

John R. Weech (706)291-7050

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Answered on 3/16/98, 10:08 pm
Michael Flinn Law Offices of T. Michael Flinn

Georgia law preference for custody-disagree

Q1-There is no preference for a natural parent over an adoptive parent written in the law. there may be a preference in the mind of a judge. An adoptive parent is a parent legally entitled to the same rights as a natural parent but probably viewed differently by those who make decisionsQ2-there are in fact garndparent visitation rights in Georgia. just had three cases where it was an issue. there must be a present custody case going on involving the parents and ther Gp must prove best interest of children to allow visits and harm if they aren't allowed. adoptive gp are gp and are treated the same under th alw subkect to the caveat stated above.

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Answered on 3/18/98, 11:00 am


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