Denver, CO asked in Family Law for Colorado

Q: My brother is in prison and wants to be in his daughter's life, but the mother is trying to get her adopted. .

My brothers ex-wife is trying to have her new husband adopt my brothers biological daughter. Our entire family including my brother does not want this to happen and we try to be in her life, but her mother is making that almost impossible.

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1 Lawyer Answer
Stephen J. Plog
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Answered
  • Tampa, FL
  • Licensed in Colorado

A: Unfortunately, if he is in prison and unable to see the child there may be nothing you all can do to stop the adoption. Pursuant to adoption law, if a parent has abandoned a child for a year or more the parental rights could be terminated as part of an adoption. Not seeing the child while in prison would likely be considered abandoning the child.

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