Colorado Springs, CO asked in Family Law, Child Custody and Child Support for Colorado

Q: Can I take away my ex's rights and have my husband adopt my daughter

My ex does not pay child support, says he does not have an income, also he lives in Canada

He has not paid an support in over 2 years except a $100 at Christmas so that I could get her presents from him.

My husband wants to adopt her, I have heard that since he does not pay I can take his rights away

Is this true

2 Lawyer Answers

Courtney Edwards

  • Divorce Lawyer
  • Edwards, CO
  • Licensed in Colorado

A: Short answer to your question: yes, that is true. Your ex's failure to support and maintain a relationship with his daughter can serve as the grounds to terminate his parental rights and clear the way for your husband to adopt your daughter. If your ex consents to the termination and adoption, it will make the process easier. If he does not consent, you may run into issues with serving him with the necessary documents as he is in Canada. I strongly suggest you meet with an attorney to fully discuss the facts of your case prior to filing anything with the court.

John Hyland Barrett III

  • Divorce Lawyer
  • Licensed in Colorado

A: You may be able to have your husband do a step-parent adoption. This will be easier if her father will consent to it. If not, you can request the court permit the adoption on the basis he has failed to provide any support for over 1 year. You should retain an attorney for this.

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