Arvada, CO asked in Adoption and Family Law for Colorado

Q: In the state of Colorado, can i go through the step parent adoption process successfully without a lawyer?

My son is almost 9 and my son's father hasn't had contact with him much over his life. We split up before he was born, he's not listed on his birth certificate, however there was a dna test done when he was about 5 months old by social services to prove relationship for child support but nothing was done about it. He never really wanted to have a relationship with him even though i made it clear from day one that I wouldn't stand in the way of it but i wouldn't beg for it. Currently my ex has been incarcerated for the last 2.5+ years with no contact except for a couple letters. I can probably have his ex wife be a witness that he never tried to contact me to meet for visitation while they were married. How likely is it that i would be able to successfully have my husband adopt my son? He has already called my husband dad since he was about 3 and doesn't have any memories of his father at all.

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2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Family Law Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: Based on this, you may be able to have your husband adopt your son. He will have to prove abandonment/non support by the bio-father. He should get a lawyer for this.

Sabra M. Janko
Sabra M. Janko
PREMIUM
Answered
  • Family Law Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: There is not requirement to have an attorney but it is certainly helpful to have the assistance of someone who knows how the legal system works. If your husband is willing to adopt your son, then you can file an action for that. It will be easiest if your ex will consent. There will be a court proceeding and if you can establishment abandonment, then the Court may allow your new husband to adopt.

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