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Colorado Adoption Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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...
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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... View More

2 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Colorado on
Q: My wife and I recently got APR of her half sister, can we collect child support from the sisters father?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 8, 2017

It depends on the nature of the case. If your parental responsibility also includes significant periods of the year in which you provide support to the minor and the minor resides at your residence, there is a realistic possibility for support. Situations can be harder to define if either or both... View More

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1 Answer | Asked in Adoption and Family Law for Colorado on
Q: Hi, I would like to find out more about Adult Adoption.

How does everything work with insurance as she would become our child? How long does it take for the paperwork for adoption to go through and be accepted or denied? Do you have to call to schedule an appointment to bring the paperwork into the court or can you just walk in? Any more information... View More

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

Adult adoption is a relative simple process. If by insurance to mean the AHA, then after a formal adoption occurs, the normal rules apply (assuming everything is above board). That is, an adult in who is a fulltime student and dependent can be under your insurance until age 26.

Review time...
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2 Answers | Asked in Adoption, Family Law, Child Custody and Domestic Violence for Colorado on
Q: My Names Jon my Pregnant Ex Gf wants to put our baby up for adoption and says she can with out my permission if she goes

To another state is this true? can I get a court order to keep her here in Colorado ? I have a job in a hospital I'm moving out and getting my Owen place I have incurrence and for our future daughter and I want to Fight! I don't have much money to afforded s lawyer either do I have a... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 13, 2017

I do not know about the particulars in other states, but some states allow abandonment adoptions in which consent is presumed. There is no legal way to keep an adult (even if pregnant or married) in Colorado. Colorado does not have jurisdiction over the baby until it is born alive in Colorado (put... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: I am a single mom trying to find out if it is possible for me to join the US Navy via relinquishing custody to my mom.

I was granted sole conservatorship of my child in Texas, then moved to Colorado. Her father has standard visitation which he does not use and has not used. She and I have lived with my mother since her birth. In order to join the military as a divorced, single parent I must relinquish custody of my... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 25, 2016

At present you have several problems.

(1) You have not resided in with the child in Colorado long enough for Colorado to have jurisdiction (power) over the child. This means that until the 6 mo. + 1 day runs, you would have to file in Texas.

(2) In Colorado, relinquishing custody...
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1 Answer | Asked in Adoption for Colorado on
Q: My niece wants my husband and I to adopt her unborn baby. Can we do this without hiring a lawyer

Can we file all the necessary paperwork on our own through the court system?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 25, 2016

Yes, you can file without an attorney. Here is a link to the CO Courts webpage: http://www.intotolegal.com/upcoming%20Events/Forms.html (look under "adoption"). Your local courthouse (and the webpage) have basic material to assist pro se (w/o attorney) parties.

Turning to the...
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1 Answer | Asked in Adoption for Colorado on
Q: I am trying to adopt my step so. Who's dad passed in January he has since asked me to do this he has been on my health

Insurance for 6 years what do I have to do

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 17, 2016

If you have consent of both parents (the deceased parent is effectively treated as if they consented provided you can produce the record of the death), the process is relatively simple. You can hire an attorney to handle the matter. You can also handle the adoption pro se (without an attorney).... View More

1 Answer | Asked in Immigration Law and Adoption for Colorado on
Q: we adopted 6 year old son while living in Kenya Nov 2014. In USA B1 visa need medical but no citizenship =no insurance.

How can we get medical help for our 7 year old son we adopted while living in Kenya who is in USA with us now on a extended B1 visa? We know the USCIS laws 2 yr physical/legal requirement on Kenyan resident adoptions, but he needs surgery not available in Kenya and we do not qualify for insurance... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 6, 2016

It is not clear to me why you only have a B1 Visa. The normal process for international adoptions is automatic permanent residency (which can be followed in 2 years with an automatic citizenship application). Here is the link to the USCIS webpage for int'l adoptions:... View More

1 Answer | Asked in Adoption, Child Custody and Juvenile Law for Colorado on
Q: How/when do I find out if the other party was approved to not appear (like was requested in their response)

I am filing for stepparent adoption and in the Response from the non custodial parent they requested to not appear physically because they have no money or time off work. They live in a different state and I live in Colorado. Neither of us have a lawyer. THANK FOR YOUR HELP!!

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 16, 2016

Usually, a phone appearance request must be made in a separate motion. For pro se parties (without a lawyer), most judges relax the filing requirements, so the reply may be sufficient. The best ways to check are to look at the filing history (which I do not believe is available to the lay public)... View More

1 Answer | Asked in Adoption for Colorado on
Q: My 18 y/o daughter wants to be adopted by her step father but does not want her birth father involved how can we do that

She is afraid her birth father will try to fight it. But she dose not want anything to do with him, and has no plans on allowing him in her life as she gets older. And if she has kids she dose not want him considered as their grandfather either.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 12, 2016

The answer depends on whether a support order/custody order is still is place (in Colorado both can continue to 19 or later for say support during college). If these are in place then, you cannot formally adopt without notifying the biological father and having him consent (or a judge to overrule... View More

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: Can I file for abandonment if my ex-husband is deported, for a step parent adoption? Rare contact with kids 5x/yr max
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 20, 2016

Yes it is possible. The issue is whether you want the child to be formally adopted by the step-father AND still have the biological father listed as a parent (the easier approach, but can create family conflict) or whether you want to formally several parental ties to the biological father and... View More

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: With adoption of the child would I need to go through an adoption agency or just get the necessary forms signed and file
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 23, 2016

An adoption agency typically only assists with domestic or foreign adoptions of non-biological children that do not currently live with you.

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