Grandparents have custody - seeking visitation

[Rosemont]

Hello, new to the board.

My wife had a daughter when she was 16, her parents made her sign parental rights away when she was 17. Her daughter is now 14 and my wifes parents are restricting her daughter from visiting or even contacting my wife. She wants to have the courts dictate when and how much she can see her daughter, she would be asking for shared custody. There are no visitation rulings as of now.
What kind of case do we have?
Will the courts take into consideration the wishes of her daughter who is now 14?
Since she signed away her rights, do we have any recourse?

Any help would be highly appreciated. Thanks.

[janM]

Did the grandparents adopt? I would think they must have, the court wouldn't leave the child without legal parents. If that is the case, the child is theirs now, and they can dictate who she sees until she is 18.

If your wife merely gave them guardianship, she has the right to petition the court for some type of visitation. Has she had any contact over the years?

I would consult a local attorney.

[Rosemont]

Yes, they have never lost contact. They used to spend a lot of time together. This has been recent since a conflict with her parents.

[janM]

You didn't say if they adopted her. If so, like any parents, they can say who she sees or not.

[Rosemont]

Sorry, she says that she only gave them guardianship and they never went through the adoption process. Thanks for your help by the way :)

[mistoffolees]

>Sorry, she says that she only gave them guardianship and they
>never went through the adoption process. Thanks for your help
>by the way :)

Then the advice you've been given is probably appropriate. See an attorney and you should have a good chance of at least getting visitation. Considering that she was a minor when she signed away guardianship, she may be able to reverse the whole thing, but that will be a bigger challenge.

However, there's undoubtedly something else going on behind the scenes. A normal grandparent would not prevent your wife from seeing the kid, so I'd give some thought to what the issue is and why the grandparents are being recalcitrant. Knowing that may put you in a better position to negotiate what you want.