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Colorado Adoption Questions & Answers
2 Answers | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: how do i go about terminating my sons fathers rights, he hasnt seen him since he was one. He's 7 now.

His paychecks in Texas do get garnished but other than that no contact is over 6 years. I am remarried and my husband has been raising him.

John Hyland Barrett III
John Hyland Barrett III answered on Jan 29, 2018

The only way to terminate his rights is if your husband adopts your son. If that happens, his father will no longer be liable for current support. You should consult with an attorney to discuss this.

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1 Answer | Asked in Adoption and Family Law for Colorado on
Q: My daughter is getting adopted by her stepfather. I live in Colorado and they live in North Dakota. How do I consent?

I have a daughter that I haven't seen in 8 years. Her mother married a great guy and has carried on. My daughter and I have gotten back in touch and have been patching things up and her mother and I have been getting along. My daughter's stepdad wants to adopt her and my daughter has on... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 4, 2018

You could contact their attorney to see how you can consent to the adoption. It should be just a matter of signing a consent form which the attorney can provide.

1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Colorado on
Q: My ex-husband wants joint custody of my son (his former stepson). Can I stop this from happening?

I do not want my son to have any contact with him due to the way he has treated me for the 10 years we were married, and even now after the divorce. I don't want my son to see that anymore. He never adopted him. I am remarried and my husband wants to adopt my son. I currently have sole... Read more »

Stephen J. Plog
Stephen J. Plog answered on Dec 28, 2017

More information is needed, including as relates to when you separated, how long you have been divorced, if there are any orders in place regarding your son and ex-husband, and how long it's been since your son has been in his care. If your son has not been in his care for the last 6 months... Read more »

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: Why wont a judge or his assistant talk to me about my case and forcing me to use a lawyer?

I am almost done adopting my daughter. Her biological father has signed off on everything, but the court sent back a decline to set an adoption hearing due to a defective affidavit of abandonment. (lists wrong child)

The issue is her bio father did not abandon. Why do I even need to do this... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Dec 18, 2017

If you do not want to get a lawyer, then it is your responsibility to make sure you are doing it correctly. The judge is not allowed to discuss the case with you except in formal court proceedings. His assistant is not permitted to give you legal advice.Adoptions are very complicated and proper... Read more »

1 Answer | Asked in Immigration Law, Adoption, Child Custody and Constitutional Law for Colorado on
Q: My nephew, who is a U.S. citizen, was sent by CPS to live with his Mexican father two months ago. How do we get him back

My sister, who is a U.S. citizen passed away, and custody was granted to dad by default. He was deported, and then my nephew was sent to live with him in Mexico. I haven't spoken to him since the day before he left for Mexico, and the father is ignoring everyone in the family trying to contact... Read more »

Stephen J. Plog
Stephen J. Plog answered on Nov 28, 2017

Unfortunately, under Colorado law, you likely do not have what's called "standing," meaning the legal right to seek custody of the child, given that he is in the care of a parent. Grandparents or great grandparents could potentially seek grandparent visitation, but aunts and uncles... Read more »

2 Answers | Asked in Adoption and Animal / Dog Law for Colorado on
Q: can a judge tell you to give up a dog to an adoption center
Juliet Piccone
Juliet Piccone answered on Oct 13, 2017

If the charge against you is something they can take away or kill your dog over then yes.

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3 Answers | Asked in Family Law and Adoption for Colorado on
Q: How do I obtain the case number for the termination of parental rights?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 4, 2017

Review the adoption materials that you have. The termination should be mentioned somewhere as part of the adoption application. If this does not work you can also try the following:

(1) you can call the courthouse (ideally the courthouse where the termination occurred) and ask for help with...
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1 Answer | Asked in Adoption for Colorado on
Q: Can a birth father whose parental rights have terminated get the adopted child back 7 years after adoption?

He told me an attorney told him he can take the kids whenever ha wants without my consent and can go to court to get them back. I adopted them almost 7 years ago after parental rights were involuntarily terminated.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 4, 2017

This is simply not true at so many levels.

When parental rights are terminated, the man is not the father and he cannot revisit the situation. Be aware that you can likely get a restraining order.

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: If my adopted childrens birth father takes my kids without my permission what is my recourse?

He is my nephew and we have been living in the same house. He was recently released from parole. Aggravated felony with an 8 year sentence. Parental rights were involuntarily terminated.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 3, 2017

If the father's rights were terminated, he has no rights to child and certainly does not have any right to take the child without permission. This is simple kidnapping/child abduction. Call the police--mention that his rights were terminated (see if you can get the case number of the... Read more »

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: I'm a kinship parent in colorado I'm trying to adopt my daughter her bio mom is gone 5 years in cps court do I have

*termination grounds.? If so how?

Stephen J. Plog
Stephen J. Plog answered on Jul 21, 2017

If there is an ongoing CPS case, the mother's rights could be terminated in that case. If not an ongoing CPS case, mother being gone for 5 years would be a basis to terminate rights as part of an adoption.

1 Answer | Asked in Adoption and Animal / Dog Law for Colorado on
Q: I adopted a puppy out of the shelter and he has been extremely sick since, can I hold them accountable?

The vet has stated that the shelter should have been fully aware of the puppies issue before adopting him out.

Kristina M. Bergsten
Kristina M. Bergsten answered on Jun 22, 2017

Yes, you can sue the shelter for fraudulent misrepresentation of the health of the animal. Sometimes, however, some shelters have waivers of liability in their adoption contracts - so you need to check your adoption contract. If, however, the illness was so obvious that they should have known about... Read more »

1 Answer | Asked in Adoption for Colorado on
Q: My daughter was taken from me when she was six she is now 18 how can I contact her
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 3, 2017

You can try an internet search or hiring a PI. If your parental rights were terminated, you will not likely be able to request the information from the state.

1 Answer | Asked in Adoption and Criminal Law for Colorado on
Q: Sexual abuse case on father when I was a child. Why is my case posted all over Google i want to sue to have it removed.
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 28, 2017

A requirement of the US Constitution is the release of court information to the public. If you requested a sealed record or the judge withheld information (e.g. you were a minor) there is an argument that some the information should not be disclosed. That said, the ability to effectuate a take-down... Read more »

1 Answer | Asked in Divorce, Family Law, Adoption and Child Support for Colorado on
Q: My husband's adopted daughter ran away from her mother and went to live at her boyfriend's parents home. Human Services

is trying to get child support for her from my husband who was paying child support for 4 kids but now just her. The foster mom wants him to pay what he was paying for 4 children to her for just one child which leaves him penniless. He also pays half his pay to his ex wife for alimony and the... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Apr 14, 2017

Your husband is liable to provide support for his child. The amount should be set per the child support guidelines, depending on the respective incomes of the parties, and the umber of children involved (probably just 1). His maintenance obligation o his ex-wife may be modifiable, depending on what... Read more »

1 Answer | Asked in Animal / Dog Law and Adoption for Colorado on
Q: My dog bit somebody that agreed to watch her for a few months. He went to her while she was scared and it was ruled

Provoked by the guy. At the time animal control came I had nobody else who could quarantine her for 10 days. I had to sign her over to them to take her away then up for adoption. I was not in the right state of mind. Is there anything I can do to get her back and can I press charges against this... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 6, 2017

You can try to undue what occurred, but if you signed the documents there is very little room for revisiting...

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: I'm currently charges with wrongs to minors and assult disturbing the peace all class3 mis

My brother and wife lost custody of their 5 Children will I be able to get them with these pending charges?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 5, 2017

Only a judge can decide. Criminal charges/convictions may lower your chances, they do not foreclose the possibility of assuming temporary custodianship if you want the children. The key issue is whether you have unserved jail time. If you have any unknown or unserved jail time, you will not qualify... Read more »

1 Answer | Asked in Adoption, Domestic Violence, Family Law and Juvenile Law for Colorado on
Q: 15 homeschooled I live with an abusive mother and my father is dead, I dont have family that would let me live with them

The only person that would be willing to take care of me is my mother's ex boyfriend. Ive tried contacting relatives but they turned me away. My mother tells them that im all these things that im really not. Please, is there any way you could help?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 4, 2017

You can contact CPS (Child Protective Services). Be aware the abuse must be significant. Also, if abuse is found and you are removed, but no family member will take you in, you would be placed in foster case.

1 Answer | Asked in Adoption for Colorado on
Q: Why won't my name be put on my 18year old stepdaughter's birth certificate when I adopt her?

When my husband adopted his stepson, his name replaced the birth father's name on the child's birth certificate. Why won't my name replace the birth mother's name when I adopt my 18 year old stepdaughter?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 25, 2017

There is a difference between child adoptions (which does replace the birth parents) and adult adoptions (which does not replace the birth parents). If you proceed with an adult adoption you will receive a certificate from the court and a document from the county recorder. It will look a lot like a... Read more »

1 Answer | Asked in Adoption for Colorado on
Q: Can I legally adopt my 18yearold stepdaughter who's still in high school w/o notifying the birth mother first?

Even though my stepdaughter is 18 but still in high school, do I have to send a copy of my petition to the birth mother? She hasn't talked to or seen the birth mother in 4 years and wants me to adopt her before she gradutes. Can I do that w/o notifying the birth mother? I'm afraid that... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 24, 2017

Adult adoptions (for people over 18 years old) are very simple in Colorado and do not require notification or consent from the birth parents. There should not be a trial or appearance in court.

A legal adult adoption does NOT sever the legal bonds to the birth parents (unless their rights...
Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Colorado on
Q: I am almost 18 and my girlfriend is almost 16 can she live with me if I move out at 18?

I don't feel it is safe for my girlfriend to live in her current home and It was brought up that she wanted to live with me when I got an apartment or home. Would it be possible to legally have her live with me or will there be problems with it?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 14, 2017

While the is no problem with an adult (over 18) leaving home, there are concerns with a minor leaving home. The real issue for the minor is that parental consent would be required for her to leave. Even then, it would likely be in all parties' interests to continue to formally list the... Read more »

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