Craig, CO asked in Adoption for Colorado

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.

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

A: 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 the father's objection--very unlikely). If there is no support/custody order(s) in place and the child is 18 (i.e. an adult), then she can apply for an adult adoption (the process is similar to a child's adoption, except the process is easier and may have less legal protections versus a child adoption). Most adult adoptions do not require notification to the biological parent (some exceptions may apply). Even if a support/custody order is in place, all you daughter needs to is wait until the order expire (see your custody agreement for details) and apply for adult adoption. Contact your local courthouse for assistance with the filing or contact a family law attorney.

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