Legal Question in Family Law in Minnesota
Adoption
I have two children. I was married to their father, who passed away in January 2004 in a motor vehicle accident. Now I am remarried and my husband now would like to adopt my boys. We are starting the process now.
My late in-laws had taken me to court to try and get custody of my two boys after the father passed away. They did not get custody but they got legal visitation rights.
Now, after the adoption goes through, do these late in-laws, the boys grandparents, have rights to still see the boys. Or, does the adoption change things for that court order?
Thank You,
Jacqueline
2 Answers from Attorneys
Re: Adoption
They will still have visitation rights since that is provided for by statute in the event of a parent. The only way that can be avoided is if the court finds that the visitation is not in the child's best interests.
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Re: Adoption
I can assit you with the step-parent adoption, but by statute it will not affect the rights of the late biological father's parents. They will still be able to enforce their visitation rights even after the adoption.