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A child residing in this state may be adopted if:
(1) the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption;
(2) the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;
(3) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child's former stepparent, and the nonterminated parent consents to the adoption; or
(4) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child's former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption.
Thank you for the information.
The other circumstances are that the mother doesn't want custody of the kids, she has already moved out of the house and left the 2 kids (also have a 13 year old which is both of ours). She takes them a couple of days per week. I have streams of text messages from the kids from when they are at her place concerning her behavior, drinking, and verbal abuse. There have been quite a few times where I've had to pick them up, sometimes in the middle of the night.
We were told the best way was to have her live in the house while social services was doing their inspections and not mention the divorce (not sure if she would do this). The kids do want to live with me and at their ages I would hope a judge would listen to them. Without the adoption the kids would be split up or more-likely is that the mother would keep making everyone's lives difficult with unscheduled, last minute visitations. I never say no even though it makes things tough on the kids schedules, she seems to hold all the cards in regards XXXXX XXXXX kids.
If we were to do a guardianship, is there one where she can't revoke it when she decides to get angry and punish me or the child? Or would she be able to revoke it at anytime?
That sounds promising. What is the best way to find a good lawyer? The one I had a consultation with did not even mention the guardianship. I want to know that I'm working with someone good. Thanks.
Thank you, XXXXX XXXXX been so helpful!
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