Q: How does child abandonment work in Colorado?
children's dad signed their birth certificate and then was in and out if their life until age one, he saw them three times between their first and second birthday. After which he said his younger children were his priority. He has not seen them in just over five years, paid no child support in 5 years 10 months, and has not tried to contact them. Yesterday he sent a message saying he wants to be in their life. They have special needs and are very sensitive. I feel that this would be very detrimental to their mental and emotional health, as they are not "party favors" or "back up kids" for when his other baby moms don't want him around. They have no clue who he is, he couldn't pick them up out of a line up of other children. So my question is, where he has had no concern for their well being for over five years, does this count as child abandonment and can I legally separate him from them permanently. We never had a custody agreement or marriage.
A: In the custody court world, there is no such thing as "child abandonment." Given that he has had nothing to with them for 5 years, if you are married or remarried you could certainly look into adoption. If there are no custody orders in place you don't have to let him see or have contact with the kids. He could certainly file a custody case and seek visitation. If so, you will have to deal with his requests. More information is needed to fully assess your case. However, given the facts you have stated, a court may have concerns with him having contact and would certainly not allow contact initially, just thrusting your kids into seeing a stranger. A court could order therapeutic reintegration therapy to see how things do with establishing a relationship. You should consult with a family law attorney, particularly if he files a case. In a custody case, his rights would not be terminated and absent significant facts, a court is unlikely to just say he can never see them, permanent.
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