Want to adopt wife's third cousin in Texas

Bexar County, Texas -
My wife's second cousin had her two-year-old son removed from her custody by Child Protective Services (CPS) due to her living with a registered child molester. The child was placed in the father's custody. After a few months, the father decided he could not care for the child and returned him to his mother's care. The mother knowing that she was not to have custody of the child contacted CPS. CPS was then going to place the child in foster care. The child's great uncle happened upon the scene and volunteered to take temporary custody of the child in lieu of placing him in foster care. CPS and the mother agreed. CPS closed the case since they felt there was an agreement between the mother and great uncle that she would voluntarily terminate her parental rights and allow the great uncle to adopt the child. The mother then proceeded to marry the child molester and essentially gave up any chance she has of getting her child back. Also, she has been diagnosed with bipolar disorder and hepatitis C. The mother has since regretted having her son placed with the great uncle. The great uncle has seven other children by five different women. There is a strong possibility he is a drug user. He has a sporadic work history. Along with the great uncle, the child is living with the great uncle's girlfriend, their 2-year-old child, her 10-year-old brother and an adult illegal alien in a 14 ft by 60 ft mobile home. The great uncle and girlfriend work the evening shift at a fast food restaurant and have to pick up the children anywhere from midnight til 2 am from whoever is caring for them. The child will be in the great uncle's care a year May 10, 2001. As far as we know, neither of the child's parents have had their rights terminated by a court order or are awaiting a hearing. Also, the great uncle has no court order awarding him temporary custody of the child. My wife and I have been married nearly twelve years and have two children, a son age 10 and a daughter age 4. I have been employed with the Department of Defense as an engineer for nearly 17 years. I am 40 and my wife is 35. We live in Denton County, Texas. The child's mother would now like us to adopt him but the great uncle refuses to give the child up. We think he does not have the financial resources to proceed with an adoption and currently cannot since the parents' rights have not been terminated. A lawyer we consulted said a writ of habeas corpus filed on behalf of the mother could be used to legally remove the child from the great uncle's care and the court would then place him in our custody. At that time, the parents would voluntarily terminate their rights and then we would proceed with the adoption. Another lawyer we talked to made no mention of the writ. Is this a viable method of removing the child from the great uncle's care?


[Edited by mschoenherr on 04-18-2001 at 10:04 AM]