Discussion Question 1: Adoption, Child Custody, and Child Consent
Stepparents have different rights when it comes to their stepchildren. What are the factors a court will consider in allowing a stepparent adoption, and what is the process to be followed. If the court grants the previously mentioned adoption, what is the legal status of the child? How would subsequent proceedings involving this child be handled? Further, review the scenario and answer the following questions.
Jen and Chris are married and live in New Mexico. Jen has a minor child, Tina, nine years old, from a previous relationship. The father does not want anything to do with Tina and refuses to pay child support. Chris wants to adopt Tina. Can Chris do this? What options are available to Chris if he wants to adopt Tina? Assume the adoption is granted, but two years later (i.e., when Tina is 11), Jen and Chris get a divorce, and Tina lives with her mother. Three years later (i.e., when Tina is 14), Tina wants to live with Chris. Jen does not agree. At what age will the court consider Tina's wants? Does Tina have any rights to decide who she wants to live with? Do you think that age should be the only criteria for allowing children to decide what they want?
Justify your ideas and responses by using appropriate examples and references from Westlaw (including primary sources such as cases, statutes, rules, regulations, etc.), government websites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionarie