Family Law Questions? Ask a Family Lawyer Online.
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I certainly understand your concern. You and your husband can petition the court at any time for adoption of the child and can seek to have the rights of the mother and father terminated, at the same time, as long as you have standing to do so. In doing so, you would need to prove it is in the best interest of the child for this to happen, based upon the mothers inability to care and the father not being in the picture. I have attached a link that contains the Texas statutes, which would provide a party the necessary requirements and time in which the child would need to be with the grandparents, before suit can be filed. http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.102.htm
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I am still confused. If we were to petition for termination of my daughter's rights now and to adopt my granddaughter would the courts deem that enough time had passed without her contacting her daughter that we would be able to adopt her? Also since we don't know where she is would she have to be in court when her rights were terminated or can we do it without her?