Coos Bay, OR asked in Adoption, Child Custody and Family Law for Colorado

Q: Can a step parent adopt my child after ex refuses visitation and contact with my child? I have proof of my attempts.

I haven’t seen my child in a few years. my ex agrees to parenting time then cancels last minute, I call almost every night and am ignored. I send clothes or whatever I can to support my child under these circumstances. The last time I spoke with my child was last summer after visitation was agreed upon and cancelled by my ex again last minute. Since then all contact has been cut between us. There’s a pending modification of parenting time hearing this fall. Today I received a motion in the mail from the step parent stating that I have abandoned my child and they want my rights relinquished and want to adopt my child. My question is can they really claim I abandoned my child if the only reason I haven’t Seen or talked to my child is because they won’t allow me? I also should mention this step parent adoption was filed in the next county over (Although it is my child’s residential county) from where our original custody hearing was and modification will be. Please help! I dont want this

2 Lawyer Answers
Sabra M. Janko
Sabra M. Janko
PREMIUM
Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: You can respond with evidence that you have not abandoned the child. You also always have the right to file a motion to enforce parenting time or for contempt if the other parent is not complying with a parenting time order.

1 user found this answer helpful

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: Your child may be eligible for adoption if the court finds you have failed to have contact with or provide support for the child for a one year period. You need to file a response to the motion and be prepared to present evidence in court of your efforts to maintain a parental relation with the child. You really should get a lawyer to help you with this.

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