Legal Question in Family Law in Texas
Adoption
I have custody of my 10 yr old son.Ive had custody since he was 3.He was removed from the care of his natural mother by the state due to drug use and neglect.I have had custody of him since he was removed.His natural mother continued to use drugs and go in and out of prison.For the last 5 almost 6 yrs she has made no effort to call or anything.I am married and have been for 6 yrs.My wife has raised my son as her own.He doesnt even really know that my wife is not his natural mom.He knows that he used to live with someone else but we had to just now tell him that my wife did not give virth to him.After all of this time my sons natural mom has finally contacted someone to try and find me to see my son.I feel that she is still very unstable and her presents will only confuse my son.Plus, who's to say she will even stay around.She has another child from someone else that she lost too and that she rarely sees.My wife wants to adopt abd i agree because she is already his mom in his eyes and hers too.She will be a permanent fixture in his life and would be good for him.Do we have a good chance on winning?What if I refuse her visitation?
2 Answers from Attorneys
Re: Adoption
If you refuse her visitation, she could file a motion to enforce and possibly a motion for contempt. If the order provides for her visitation, you could seek to modify the visitation to supervised in the company of a competent adult - preferably someone both of you could agree on and likely in a supervised setting. Someday, your son might like to know who is natural mother is. As you say he already has a mom. There are a bunch of emotional issues to deal with here and the legal issues are much less complicated.
Re: Adoption
When you say the mother "contacted someone," do you mean an attorney? IF there has been an action filed by the mother to get visitation, and IF a court has ordered visitation, then you must abide by the court order. In any event, you MUST retain an attorney to handle this complex situation.
Based on the information you provide, it appears to me that you would have a strong case for having the mother's parental rights terminated, after which your current wife could proceed with an adoption. In Texas, there are numerous grounds for termination of parental rights. I will quote below what I think are the parts of the statute that are applicable to you, based on what you wrote. Again, you need to see a lawyer, because terminating someone's parental rights can be a tricky matter:
Texas Family Code � 161.001 states, in part:
"The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent has:
Voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least 6 months; [OR]
Failed to support the child in accordance with the parent's ability during a period of one year
ending within 6 months of the date of the filing of the petition; [OR]
Used a controlled substance in a manner that endangered the health or safety of the child, and failed to complete a court-ordered substance abuse treatment program; or repeatedly, after completion of a court-ordered substance treatment program, in a manner that endangered the health or safety of the child; AND
That termination is in the best interest of the child."
Good luck!
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