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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I live in Texas and my husband and I have had full custody

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I live in Texas and my husband and I have had full custody of our granddaughter who is 2 yr. old since last February. Our daughter, the child's mother, is a drug addict and has not seen our granddaughter in almost 7 months. We have always been the ones to care for my grandbaby as my daughter was not even 16 yr. old when she had her daughter and quickly gave up any "mothering" when the baby was only 2 months old. We don't know where our daughter is at this time. How long do we have to wait to be able to petition the courts to be able to adopt our grandchild?

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

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.

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Customer: replied 4 years ago.

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?

I would be happy to clarify. I am here to help. The court is going to want to see a good faith effort made to try and serve the mother with the papers for adoption and to terminate her rights. The process server is going to have to shoe tremendous effort in finding and serving her and even after then, she will likely need to be published on in a local paper. It would be at the discretion of the judge to determine if enough effort was made and if it is in the best interest of the child to terminate the rights based upon the mother permanent absence and inability to care for the child

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