Legal Question in Family Law in Texas
Adoption based on abandonment
In Texas, I am talking to a family that wants me to adopt their grandson. His mother (their daughter) took off and has abandoned him. They currently have adopted custody of 3 more of her kids but can't take care of the baby.
Can they adopt or give me rights to adopt because of abandonment? The baby's mother has been gone for 4 months.
Thanks!
2 Answers from Attorneys
Re: Adoption based on abandonment
Based on what you have written, it does not appear that you could adopt the child from the grandparents. Both the biological mother and biological father have parental rights which must be terminated prior to an adoption moving forward. Abandonment is one of the reasons to terminate a parent's rights, but the other biological parent may want to be involved in the child's life. You should consult with a local law firm to fully discuss your options. If my local law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.
Re: Adoption based on abandonment
They cannot "adopt" you a child that does not belong to them. You will have to take legal action to terminate the mother's parental rights and "abandonment" is one of the reasons to terminate. But, what about the father? Where is he? His parental rights must also be accounted for and terminated. This is a big job and must be done legally. Otherwise, all you get is a big mess and may not get to keep the child - even if you get the child for several years. See a lawyer and get it done right.
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