A family member of mine is wanting to put her unborn baby up for adoption within the family if she can. I know that I don't qualify for adoption due to my husband being incarcerated on a felony charge? Would I (alone) be able to qualify for guardianship or conservatorship? What about POA? Do these require background checks and a home study? If so, on who? I know that these would not terminate her rights as well as the father's , but are there any options around adoption?
The are really too many questions to fully answer them here. Ther are many family lawyers in Lubbock that will counsel with you for free and answer all of these and help yiu pick a chove suitable for you. Thats really a better way then this open forum.
A power of attorney is simply an agency from someone with authority (a principal) to an agent to conduct some or all of the principal's personal affairs, such as loco parentis (act in place of a parent for education and medical authority). A conservatorship in Texas is a custody order for legal orders over a child. A guardianship is a probate court procedure to have control of a minor or incompetent adult person. You should speak to a family law attorney and a probate law attorney. Regarding your husband's being incarcerated due to a felony conviction, you could divorce him if you wanted to free yourself of his personal baggage to help the child.
I strongly recommend that you contact an attorney in the Lubbock area. Family law cases are very fact specific and hinge on the best interest of the child. A power of attorney would provide you the ability to act on authority specifically granted to you, but is insufficient for conservatorship purposes. You could always seek to be named a conservator without terminating parental rights, but once again, you should retain counsel and move forward based on his or her advice since whoever you hire will have most if not all the facts when advising you. I do not intend this to be legal advice, but merely a discussion with a strong recommendation to seek counsel.
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