Stepparent Adoption 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).

There are many different types of adoptions in Colorado such as agency adoptions, custodial adoptions, kinship adoptions, second-parent adoptions, and stepparent adoptions. Per C.R.S. § 19-5-201, any child under age 18 years may be adopted if legally for adoption and present in the State of Colorado. C.R.S. § 19-5-201. Additionally, a child who is 12 years or older must provide written consent to an adoption. C.R.S. § 19-5-203(2).

Any person who is 21 years of age or older may adopt a child. C.R.S. § 19-5-202(1). Additionally, a married person must request adoption jointly with the spouse, unless the spouse is the natural parent of the child to be adopted. C.R.S. § 19-5-202(3). Further, single parents may adopt in Colorado. The petition for adoption must be filed in the county of residence of the petitioner. C.R.S. § 19-5-204. A child’s best interests are paramount in any custody determination. In re C.C.R.S., 892 P.2d 246, 256-59 (Colo. 1995).

One of the most common types of adoption is stepparent adoption. These occur where a biological parent has married a spouse who would like to adopt his or her biological children. A step-parent may adopt a child by filing a petition with the written consent of the natural parent to whom the step-parent is married, as well as the consent of the biological parent whose rights will be terminated. C.R.S. § 19-5-203(1)(d)(I). However, if the noncustodial, biological parent does not consent, an adoption can still proceed if the child has been abandoned by that parent for a period of one year or more. C.R.S. 19-5-2-3. This can be related to lack of contact and/or lack of financial support if the noncustodial parent does not consent to the adoption.

Stepparent adoptions are heard in the juvenile court and involve a shorter and more streamlined process than many other types of adoptions. Proposed adoptive parents are required to complete criminal investigative checks to help ensure the safety of the adopted children to include Colorado Bureau of Investigation and the Federal Bureau of Investigation checks, as well as a check through the state Department of Human Services for any history of child abuse or neglect or reports of same. The court will evaluate a person’s criminal record for any conviction for child abuse or neglect; spousal abuse; any crime against any child; any crime of domestic violence; violation of a restraining order; any crime involving violence, rape, sexual assault, or homicide; or any other physical assault or battery, or drug-related offense within the last five years. C.R.S.§ 19-5-207(2.5)(a). While home studies are required for many types of adoptions, they are not for stepparent adoptions. C.R.S. 19-5-209(1).

A stepparent adoption starts when the stepparent files an adoption petition under C.R.S. § 19-5-208. In re Petition of E.R.S., 779 P.2d 844 (Colo. 1989). Upon receipt of the adoption petition, the court issues notice to the other parent of the action filed as well as the time and place of the hearing. C.R.S. 19-5-203. Service by publication can be ordered if after a diligent search the parent’s address remains unknown. The hearing cannot be held sooner than thirty-five days after service is complete. C.R.S. 19-5-203. In a stepparent adoption as part of the process, the court "terminates the parental rights of the noncustodial parent."  In re Petition of S.O., 795 P.2d 254 (Colo. 1990), C.R.S. 19-5-210. Per C.R.S. § 19-5-208(2) petitions include generally:

• The name, date, place of birth, race, and residence of each petitioner, including the maiden name of the adopting mother and the date of marriage of married petitioners;
• The name, date, place of birth, and place of residence of the child to be adopted;
• The relationship, if any, of the child to the petitioner;
• The full name by which the child will be known after the adoption;
• The names of the parents of the child and the address of each living parent if known to the petitioner;
• The length of time the child has been in the care and custody of the petitioner;
• The names of other children, both natural or adopted, currently living with the petitioners; and
• Whether the child has Indian heritage;

Notice to the noncustodial parent is required to ensure fundamental due process. With regards to notifying the noncustodial parent, per C.R.S. 19-5-105:

Notice of the proceeding shall be given to every person identified as the other birth parent or a possible birth parent in the manner appropriate under the Colorado rules of juvenile procedure for the service of process or in any manner the court directs. The notice shall inform the parent or alleged parent whose rights are to be determined that failure to file an answer or to appear within thirty-five days after service and, in the case of an alleged father, failure to file a claim of paternity under article 4 of this title within thirty-five days after service, if a claim has not previously been filed, may likely result in termination of the parent’s or the alleged parent’s parental rights to the minor. The notice also shall inform the parent or alleged parent whose rights are to be determined that such person has the right to waive his or her right to appear and contest and that failure to appear and contest may likely result in termination of the parent’s or the alleged parent’ ..." C.R.S. 19-5-105.

After notice is given and the noncustodial parent has had the opportunity to respond, the court must first determine whether the adoption is in "the best interests of the child" under C.R.S. § 19-5-210(2)(d). In re Petition of E.R.S., 779 P.2d 844 (Colo. 1989). After a best-interests finding, the court must determine whether the child is "available for adoption" under C.R.S. § 19-5-203.  Id. If the natural parent does not consent, the adopting stepparent must show the parent "either has abandoned the child for a period of a year or more, or 'has failed without cause to provide reasonable support for such child for a period of one year or more.  In re Petition of E.R.S., 779 P.2d 844. '" Id. In the event of a lack of consent or abandonment, the child may be determined to be unavailable for adoption. A child is considered available for adoption if:

• The non-custodial parent has abandoned the child for a period of one year or more.
• The non-custodial parent has failed without cause to provide reasonable support for the child for a period of one year or more. C.R.S. 19-5-203, D.P.H. v. J.L.B., 260 P.3d 320 (Colo. 2011).

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.