Guardians may adopt a child under various scenarios. For instance, if the guardians have be appointed for one year or more, they may petition the court for adoption. There is also a possibility to adopt where the child has lived in the physical custody of the guardians for two years or more. A third possibility might be that the parents failed to communicate with the child for six months or more while in the custody of the guardians.
The process for adoption would be that the guardians would file a petition to terminate parental rights. The parents would be served and an investigation started. Once complete, the court would have a trial to determine if it is appropriate to terminate the natural parents' rights. If so, an updated investigation would be conducted, the case would be set for hearing, and the adoption would take place.
For questions concerning this issue, please feel free to make an appointment with me for a free consultation.