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Colorado Adoption Questions & Answers
2 Answers | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: CPS is involved with my sister’s children. My sister wants to sign custody of her children over to me. Can she do that ?

The youngest child’s father is not involved and never has been and doesn’t want anything to do with his son. The older two children’s Father also will sign custody over to me.

James L. Arrasmith
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answered on Jun 8, 2024

In situations involving Child Protective Services (CPS), the process of transferring custody can be complex. While your sister and the children's fathers may agree to grant you custody, the final decision will likely involve CPS and the court system. Here are a few important points to... View More

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1 Answer | Asked in Adoption, Family Law and Immigration Law for Colorado on
Q: I Adopted child from foreign country and planning to apply dual citizen would this matters concerning?

I'm American from naturalization and want to apply dual citizenship. I have adopted child and all the paper works from foreign country was done. im planning to get him and bring him here. right now I applied for dual citizenship (2 weeks from now), if I will file for dual and my adopted son is... View More

James L. Arrasmith
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answered on Jul 18, 2024

Applying for dual citizenship should not directly affect your adopted son's status in the United States. As long as his adoption paperwork is complete and you follow the necessary steps to bring him here, his path to becoming a U.S. citizen or permanent resident should remain intact.... View More

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: My wife passed away in 2021. I just got remarried. How does my new wife adopt the kids? In case something happens to me.
Sabra M. Janko
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answered on Nov 30, 2023

I am sorry to hear about your wife. Your new wife can adopt the children through a stepparent adoption.

1 Answer | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: Can my 15 year old transgender sibling choose to live with me without me having to fight my dad for custody?

My dad is extremely LDS and does not give my autistic sibling freedom to explore their gender or sexuality. I'm worried about how this affects their mental health. I live in Colorado and he lives with my siblings in Idaho. My sibling has expressed before that they want to live with me. Do I... View More

Michael Joseph Larranaga
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answered on Nov 6, 2023

While I do not know the laws in ID, I would think that if your sister is a minor and has not otherwise been legally emancipated, then your father remains her legal guardian and can make decisions on her behalf including where she lives.

That being said, if there is clear physical or mental...
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1 Answer | Asked in Adoption and Family Law for Colorado on
Q: What all do I need to file to contest an adoption in Colorado?
Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

As you have stated it, it is impossible to answer this question.

That will depend on whether the adoption has been completed or not first. If it has, then it depends on how long ago it was completed to determine whether you even still can appeal it.

If it has not been completed,...
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1 Answer | Asked in Adoption, Family Law, Civil Rights and Juvenile Law for Colorado on
Q: IS THERE AN ACTUAL ATTORNEY WHO WILL REPRESENT THE PARENT AGAINST CHILD PROTECTIVE SERVICES?

What is the real true reason that lawyers won’t take on Child Protective service cases? Every parent I’ve spoken with had nothing but grief with the court appointed lawyer. With mounds of evidence that CPS falsified manipulated coerced and lied just to remove new born baby at birth and... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Having represented parents in CPS cases earlier in my career, it is my opinion that the real true reason is such clients frequently do not pay the attorneys for their services.

Like other significant litigation, CPS cases require a lawyer to spend a great deal of time, including time...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: Can a mother win a trial for D&N case if she is the offending parent of a newborn? While fighting an open case.?

New baby with new father new case while separate case open with older child set for APR hearing.

Rebecca Pescador
Rebecca Pescador
answered on Mar 13, 2023

I don't think anyone can give you the reassurance you appear to be looking for. Mostly, you're asking us to predict the future.

Is it possible? If all of the facts align correctly, if the Judge sees it from your perspective. Yes, it's technically possible....
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1 Answer | Asked in Adoption and Child Custody for Colorado on
Q: How does a grandparent take custody of kids from an absent parent?

My mother in law is trying to get custody of her grandkids. One parent is MIA and the other is in prison. What paper work gets it going?

Sabra M. Janko
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answered on Jul 25, 2022

It depends in whose custody the children are currently and what involvement the grandparents have had.

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: If X owes arrears, current order terminated, how does one collect payments when there is no set monthly pymt agreement.

There is no monthly court ordered amount due. Court order only shows full total of arrears due. Can one pay bare minimum of $10 since it's not a court ordered monthly amount to pay and he's still paying? Current order was terminated due to child being adopted.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 29, 2022

The entire amount of arears is now due and owing. You can get a judgment and garnish wages/bank accounts. There is a limit on the wage garnishment percentage depending on whether the ex is supporting another family and how old the arrears are, but you can get around 50%+ of take home income. you... View More

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: If a child is legally adopted in the state of Colorado. Can they claim an inheritance from their bio parent? No will

Biological parents are dead and left no will.

Can the adopted child they gave up claim any inheritance

Johanna L Hendley
Johanna L Hendley
answered on Mar 26, 2022

Generally speaking, no. Look at Colorado Revised Statutes 15-11-119, which says that there is no right of succession / inheritance between an adoptee and biological parents. There are exceptions, though, so read the statute completely to see if any apply to this situation.

1 Answer | Asked in Adoption, Animal / Dog Law, Civil Litigation and Civil Rights for Colorado on
Q: If I bought a dog from somebody and they weren't up to date on the shots and I wanted to return the dog and get a refund

And is it illegal to sell a dog without up-to-date shots to somebody

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Jun 9, 2021

Depending on where the dog came from, it is very likely a PACFA violation. Age could also be a problem (a dog sold too young (i.e., less than 8 weeks old) to receive certain shots is a violation - although dogs do not have all their shots at 8 weeks due to boosters being necessary over a period of... View More

1 Answer | Asked in Adoption and Animal / Dog Law for Colorado on
Q: Under abandonment and neglect laws what to do?

Friend drops off dog in January or February of this year. Since then the dogs anxiety of missing owner kicked in forcing us to purchase 2 dog cones by now to prevent excessive licking of paws. Both broke. We've contacted owner saying either to pick up the dog or schedule a vet appointment so... View More

Kristina M. Bergsten
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Kristina M. Bergsten
answered on May 21, 2021

Take the dog to the vet and send the owner the bill.

2 Answers | Asked in Adoption and Immigration Law for Colorado on
Q: Filing immigrant petition for family member

I'm a green card holder and would like to file an immigrant petition for my sister's child who resides outside the USA. Please how do I go about it and is it possible for a green card holder to do that? Thank you all

Adan Vega
Adan Vega
answered on May 9, 2021

As a U.S. resident you can file a relative petition (FORM I-130) on behalf of your spouse and unmarried children. Hence you can not file a relative petition on behalf of your sister’s child. You will have to find another option for your relative.

Best of luck to you.

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1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: can CPS take your kids and place them in foster care with nothing other than assumptions?

They took my kids all because they assumed that they werent with my mom, they literally tailed my mom and followed her and they couldnt see my kids through tinted windows. When they did come in contact with my mom, she had them with her, but because she was in my neighborhood (1 block away mind... View More

Sabra M. Janko
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answered on Apr 30, 2021

If CPS determines that the children may be in danger, they can place them in foster care. You will have an opportunity in the course of the investigation to explain why you. believe they were not in danger.

1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: I'm not on my kids birth certificate an on her mom's watch she's gotten mersa an said she now tests positive for hiv

And says I'm not her dad but either way iv been there since the start. her boyfriends beats her in front of my kid how can I get custody its not safe for her over there anymore

Sabra M. Janko
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answered on Apr 16, 2021

I am sorry to hear about your situation. You can file for allocation of parental responsibilities or for a modification if there is already an order. You may have to establish your paternity if Mother disputes it. You should also report to the Department of Human Services if you feel that the cild... View More

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: Can the biological father see his son after being absent for 13 years ?

The biological father of my step-son has been absent since he was born he’s 13 now, I met him when he was 10 when I met his mother, we are together and somehow the absent father appear and demands he wants to see him, me and my wife talked about it and we both agree he can see him but only... View More

Sabra M. Janko
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answered on Dec 15, 2020

It depends on whether there are any current parenting time orders. If not, it sounds like you may want to request orders. As for adoption, if the biological parent consents then you may have a good opportunity. if not, the biological parent has priority, however the fact that the parent was absent... View More

2 Answers | Asked in Adoption and Family Law for Colorado on
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... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 27, 2020

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.

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1 Answer | Asked in Adoption, Child Custody and Child Support for Colorado on
Q: My daughter's father is required to pay child support and has never had a job in the 25 years of his life

His mother has been paying his child support for the last two years, he says the only job he can handle is "selling pot" and has refused to spend his court ordered time with our daughter right up until he found out i was getting married at which time he made false reports to cps and many... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 15, 2020

You have to obey the current parenting plan unless the court changes it. You can file a motion to modify the parenting plan in the best interests of your daughter. I do not see that it is a problem for his mother to pay the child support. Your husband can probably not adopt without the... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Colorado on
Q: Are there rights to a child as a step family?

A deceased family member helped a significant other raise a baby from the time the child was 2 years old. The family dedicated a lot of time to the child when the mother did not especially when she left him with the step family for weeks on end. There was no official adoption.. now that the family... View More

Sabra M. Janko
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answered on May 28, 2020

If the step family cared for him for at least six months no longer than six months ago, the step family may have standing to intervene and to ask for custody. However, if the parent is fit, this will be an uphill battle. If the parent is not fit, and it sounds like she may not be, then the step... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Colorado on
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... View More

Sabra M. Janko
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answered on May 27, 2020

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.

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