Platteville, CO asked in Family Law and Adoption for Colorado

Q: Can I file for abandonment if my ex-husband is deported, for a step parent adoption? Rare contact with kids 5x/yr max

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Family Law Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: 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 transfer them to the step-father (this requires a greater amount of judicial review and will prevent the biological father from ever having contact with the child). I recommend that you move forward with your application rapidly because giving notice (and potentially gaining consent) to your ex will be a lot easier and cheaper if he is still in the US and under USCIS custody. You may want to contact an attorney. If you want to not use an attorney, your local courthouse can provide assistance. Here is a link to the forms (click courts, then click on "adoption"): http://www.intotolegal.com/upcoming%20Events/Forms.html .

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