Can we help you with an adoption proceeding? Adoption proceedings are governed by Colorado law. The kinds of cases we handle involving adoptions primarily involve situations involving a step-parent adoption. I’ll give you an example. There is a situation when mom has been granted as the primary parent. She’s got the children living with her and father has not been on the scene. He’s disappeared, he comes in and out of the picture. He’s not really maintained any kind of contact with the child for many years, and mom remarries.
In that situation, mom’s new husband could file a petition for a step-parent adoption. Step-parent adoptions are governed by very strict rules and regulations in Colorado. There’s an intensive procedure that has to be followed. A lot of forms and records need to be filed with the court before the court will say that you’re eligible to have a step-parent adoption granted. In these kinds of cases, I would suggest that you meet with someone who’s a lawyer that’s been doing this for a very long time, as have I, to discuss whether you qualify.
It is always a ground for a step-parent adoption if there’s been abandonment by the biological parent of parenting time and contact with the child. If that exceeds one year in time, those are grounds to ways that would qualify you for a step-parent adoption.There’s actually two kinds of grounds, one is most common. One is the abandonment and the other is lack of child support. You could have a child support order entered in a divorce case and the biological parent doesn’t pay child support for a very long time. That could also be grounds for a step-parent adoption.
The court in the step-parent adoption is going to determine whether or not there’s legal grounds. Are they sufficient to terminate the parental rights of a biological parent,thereby relinquishing that parent’s rights to parent a child or children. The second is to whether or not a step-parent should be granted the adoption of a child, not of his or her own. When a step-parent adoption is granted, the biological parent has no more rights than that of a stranger. That means parenting time, Christmas holiday, vacations, all of that goes out the window because the court has found that it’s in the best interest of the child that a step-parent step into the shoes or replace a biological parent, and that’s in the best interest of the child.
If you want to call us, we’ll be happy to schedule a free consultation with you to discuss the process and the legal proceeding, and how much we believe it’s going to cost to go through a step-parent adoption.