Expert: Julie - 4/21/2011

Question
Hi, I am in Canada I do not know if this question can be answered. But i know of an aunt who adopted her nephew when he was younger and now there is a battle for his children she is trying to take them away from him and is putting herself in with the name paternal grandmother when she is actually the children great aunt does she still have the rights as a grandmother

Answer
Hello,

Thanks so much for writing.  Wow, what a complicated situation!  I am unfamiliar with Canadian adoption law so I can't help you much in the legalities of this matter.  From a USA perspective, if the Aunt legally adopted her nephew, than she would technically be his mother and would technically be the childrens' Grandmother as well.  If all of this were done through the court system, she would indeed be recognized as a Grandmother but would have had to be the primary caretaker of the children in order to really gain any weight with the court system.  This is also the case if the nephew is still a minor and the Grandmother is taking care of both him AND the grandchildren.  

Hope that helps you a bit.

Kind Regards,
Julie