Hi I am trying to find some help. My friend's daughter and daughters boyfriend recently returned from Texas with a notarized piece of paper stating that the mother granted them "sole guardianship" of the boyfriend's 14 year old brother. The only problem is neither one of them has a job, home, or knows what responsibilities are. They also have a baby of there own on the way, due in January 2006. My husband and I have a 15 mo old daughter and would like to adopt the boy and give him a chance in Life. We aren't for sure how to do this though or even what procedures to go through. We have spoke with the boy and he wants us to adopt him. But we have yet been able to reach the mother. My husband and I have thought long and hard on this and our friend is having enough trouble supporting the two 18yr olds as it is. We aren't for sure about the circumstances involving the older brother obtaining custody. We would like for it to go through the courts to where he would be legally our child and all. But by all means he will always be able to visit his mother and family anytime he wants. We just don't want him to be jerked around anymore and we don't want our daughter growing up thinking that someone can come take her at any point or get close to the boy and then he is gone. Please help me figure I out what I need to do and how we can obtain legal custody through the courts.

Well we have him in school and went to talk to the lawyer on this past Friday and were told because Texas is his home state then we would have to file all the paperwork in Texas. Unless we have had the boy for at least 6 months and still have not been able to get ahold of the mother. Then we would have to file abandonment against the mother and go for the full adoption of the boy. So now we don't know what to do. In Texas it is pretty much the same: take the mother to court and if she doesn't show for 6 months then we would be awarded full parental custody and her rights would be terminated.

It sounds like they have a power of attorney, not a legal guardianship but who knows without actually seeing it. If you believe you are a better placement for the child and there is a relationship, file for legal guardianship where you are at, but I also believe it would help your case to contact the parents and ask them to support your legal guardianship petition because you believe it in the best interest of the child. If the bio parents do not support you, unless the folks with the power of attorney are incompetent or not caring for the child, it will be difficult for you to have a realistic chance at winning. Consult a local attorney to get more advice.