Consent To Stepparent Adoption and Hearings in Colorado Springs, Colorado

Are you involved in a Colorado stepparent adoption proceeding? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

Family relationships can change for many reasons. Two common methods are adoption and determination of paternity. Parentage can be established or lost and children can be adopted by nonbiological parents. Adoption is a legal process that establishes a parent-child relationship between a parent and child who are not biologically related. Adoptions and paternity matters are heard in juvenile court rather than domestic relations court. Stepparent adoptions involve a shorter and more streamlined process than some other types of adoptions, such as those that occur in the course of dependency and neglect proceedings. Stepparent adoptions are governed by C.R.S. 19-5-203(d)-(f).

In a stepparent adoptions, various participants in the process must consent to the adoption. The custodial parent, who is married to the adopting stepparent, must provide consent to the adoption. This consent is a required for initiating the stepparent adoption process. C.R.S. 19-5-203, In the Matter of the Petition of D.S.L., 18 P.3d 856 (Colo. App. 2001). The non-custodial parent’s consent is generally required unless their parental rights have been terminated. Often written consent of a parent and or the child to be adopted is necessary. Per C.R.S. 19-5-203(e):

Written and verified consent of the parent having only residual parental responsibilities when custody or parental responsibilities have been awarded or allocated to the other parent in a dissolution of marriage proceeding where the spouse of the parent having custody or parental responsibilities wishes to adopt the child; (f) Written and verified consent of the parent or parents, as defined in section 19-1-103, in a stepparent adoption where the child’s parents were not married at the time the child was conceived and born; (g) A statement by the department of human services or its designated agent as to whether any placement arranged outside the state of Colorado was carried out by a child placement agency licensed or authorized under the laws of another state to make placements; (h) Verification by the child placement agency, a county department of human or social services, or the attorney for the petitioner in any adoption proceeding that any custody obtained outside the state...” C.R.S. 19-5-203

A hearing is required to terminate parental rights and for adoption of the children. Under C.R.S. §§ 19-5-210(2)(a) - (e), a hearing must be held as soon as possible in step-parent, custodial, or kinship adoptions. The hearings occur in two parts on the same day. First there is a termination of parental rights portion where the noncustodial, biological parent’s rights are evaluated for termination. If termination occurs, then the second portion is the adoption hearing. The children to be adopted participate in the second adoption hearing, however not in the parental rights termination portion. The court may enter an adoption if:

• The child is available for adoption;
• The petitioner is of good moral character, has the ability to provide support and education for the child, and has a suitable home;
• The petitioner has a sufficiently clear clean criminal record
• The mental and physical condition of the child is proper for the child to be adopted; and
• The child’s best interests will be served by the adoption.

Questions regarding child support may arise in stepparent adoptions as to whether abandonment has occurred, or in the context of any continued obligation for support post-adoption. If a parent has failed to provide child support for more than one year, that may be grounds to constitute abandonment of the child. C.R.S. 19-5-203, D.P.H. v. J.L.B., 260 P.3d 320 (Colo. 2011). In In re Petition of R.H.N., the Colorado Supreme Court found that the court must consider whether the natural parent failed to pay reasonable child support without cause and whether termination of parental rights and adoption are in the best interests of the child. In re Petition of R.H.N., 710 P.2d 482 (Colo. 1985). The court also found that "reasonable support" is determined based on the parent's circumstances and the child's needs, and failure to provide any support may be deemed unreasonable. Id.

Aa for pre and post-decree obligations, it should be noted that pre-decree child support obligations accrued prior to the adoption are not extinguished and the former parent can still be required to make payment. In re Marriage of Murray, 790 P.2d 868 (Colo. App. 1989). However, an exception can be made if the obligor ceased paying support in reliance on a promise of waiver in exchange for consent to a step-parent adoption. In re Marriage of Dennin, 811 P.2d 449 (Colo. App. 1991).

Upon the issuance of a decree of adoption, the adopted becomes the full the child of the petitioner. Consequently, the child becomes entitled to all the rights and privileges of a biological child of the Petitioner. The natural parent then loses all legal rights and obligations for the child. C.R.S. § 19-5-211(2).

Compensation is not permitted for adoptions meaning that a person can not purchase a child from another. This requirement helps ensure a proper motivation for adoption and the safety of children. However, certain necessary fees may be covered to facilitate the adoption. Per C.R.S. § 19-5-213(1)(a), no person may offer, give, charge, or receive, any money or other consideration or thing of value in connection with the relinquishment and adoption of a child, except attorney fees or such other fees and charges as may be approved by the court. Violation of this statute is a misdemeanor. C.R.S. § 19-5-213(2).

Stepparent adoption is one way to modify parental relationships. The process involves backgrounds checks, consents and testimony, and is a briefer and more streamlined process than some other types of adoptions. It involves a combined proceeding where parental rights for the noncustodial, biological parent are first terminated and next the adoption occurs.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.