But first, wouldn't there have to be a ruling that Dad is mentally incompetent?AN Attorney GAL could be appointed for dad if he is mentally incompetent and also a GAL appointed for child. It is possible and not all that complicated -- IF the mother, father, stepmother and child are in agreement.
I don't doubt it can be done, it's just that it would be more complicated than if Dad were mentally competent and all parties agreed I can't imagine that it wouldn't be expensive.
I also worry that (as horrible as this sounds, it's just that I can't think of a better way to put it) asking Mom if she would allow OP to adopt the child would spur Mom to remove the child from his home. I know that Mom, if she wants it, would have custody and I can't state my opinion on whether or not that would be good for the child. However, I can say that for the past however many years, Mom apparently wasn't interested in having the child with her. I think it would be very sad for the child should Mom decide that she does want the child to live with her out of 'spite' (for lack of a better word.)
This is a sad situation and it seems that OP really has the best interest of the child at heart. My prayers go out to this family.
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