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Question Details:

My daughter had a son two years ago. She was not doing well at the time, and gave up her parental rights at the urging of the child’s father. He then got married, and his new wife adopted their son. Just because my daughter terminated her parental rights, do I still have the right to visit my grandchild?

Family Law Attorney Response:

This may not be what you would like to hear, but you may not have any rights to visit the child. Unfortunately, when an adoption takes place the child no longer has any legal ties to the family from which he or she was adopted. This was illustrated in the case of Soergel v. Raufman 154 Wis. 2d 564, 453 N.W.2d 624 (1990). In this case the parents of the father who relinquished his parental rights began an action for visitation. The court found that under adoption laws, they had no rights to the child. They appealed, and the court of appeals affirmed. Perhaps you could simply speak to the father and request visitations personally. Either way, I suggest that you speak to an attorney and provide further detail on the case.

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Dan Exner, J.D.

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Sterling Law Offices, S.C.
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