Are grandparent's rights cut-off in a subsequent adoption?
Question Details:
The grandparent's son (bio father) has terminated his rights in our divorce. My husband is in the process of adopting my son. Once he is the adopted father can they still sue for grandparent visitation or are their rights cut off by adoption?
Grandparent rights is an ever growing field of law and states have enacted their own laws on the subject. South Carolina is no different, although the rights of grandparents are not codified in statute in South Carolina. They are stated in case law.
It appears that in South Carolina law the rights of the biological Father's parents for visitation are terminated upon your son's adoption. They may have been terminated upon the termination of the parental rights as well, as grandparent's rights flow from the biological parent. I would double check with an attorney in your area. You should always act in the best interest of the child. Good luck to you all.
