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Colorado Adoption Questions & Answers

1 Answer | Asked in Family Law and Adoption for Colorado on

Q: Is it abandonment if he knew about his child and hasn’t contacted me since he found out?

My son is 16 months old. The last time I spoke to his father was four days after I told him that I was pregnant. He was fairly wishwashy about whether or not he wanted to be involved in his child’s life, so I told him that he had my number and to call me when he made up his mind. I never heard... Read more »

John Hyland Barrett III answered on Jun 18, 2019

It may be possible for your husband to adopt your child once married. In order to do so, the father's rights will have to be terminated. Lack of contact and/or support for over 1 year is grounds for termination, if the judge finds it to be in the child's best interests to do so. You should consult... Read more »

2 Answers | Asked in Adoption and Animal / Dog Law for Colorado on

Q: Can the person who found my dog adopt her out without my knowledge or consent?

A lady found my dog and I responded to her but she kept saying she would give me my dog back but then she stopped answering me. Found out she adopted her out without my knowledge or consent. How do I go about getting my dog back into my care? Mind you this was in Colorado and a year ago. I just... Read more »

Kristina M. Bergsten answered on Jul 25, 2018

If she adopted the dog out to a third-party who did not know the situation, in other words, a “good faith” third-party adopter, there is nothing you can do to get the dog back from that third-party, unless you know who it is and you can try to buy the dog back from those people. The only... Read more »

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2 Answers | Asked in Adoption and Animal / Dog Law for Colorado on

Q: how quickly after you surrender an adopted dog back to the rescue are they required to return your adoption fee ?

Kristina M. Bergsten answered on May 17, 2018

There is no law governing this. This is a customer service issue.

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1 Answer | Asked in Adoption and Animal / Dog Law for Colorado on

Q: Can I get reimbursed or sue for adopting a sick dog?

I adopted a dog 3 weeks ago from a shelter. The shelter advertises that the dogs are dewormed and up-to-date on the bordetella vaccination I heard a horror story from a neighbor that they bought a dog from there and he was sick. So we took our dog to the local vet to make sure he was in good health... Read more »

Juliet Piccone answered on May 9, 2018

Probably not; it would depend on whether they purposely lied and would also depend on the adoption contract. As with any sale, pets are usually sold/adopted as is. Even if you could sue, your damages would be limited to what toy paid for treatment, and you'd need a vet to testify it was... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Colorado on

Q: I just found out I have a 9 year old daughter. Should I seek council?

Regardless of what I want, the Mother and her husband are going to seek adoption. Speaking with her lawyers, she will give assurance she won't go after back child support, even though I just found out about this child. I would like to know my options and if I should seek council.

John Hyland Barrett III answered on Apr 30, 2018

You should retain an attorney to fully explore your options. Ordinarily, you would have a responsibility to pay child support, even possibly back to birth, and certainly going forward. You may also have the option of being recognized as the child's legal parent and be entitled to an appropriate... Read more »

1 Answer | Asked in Adoption and Child Support for Colorado on

Q: My children were adopted by their step father in December 2017. Should I still be paying child support?

John Hyland Barrett III answered on Mar 28, 2018

The adoption would have terminated your child support obligation. Therefore, you should not be still paying current support. You are still responsible for any unpaid back support.

1 Answer | Asked in Adoption and Family Law for Colorado on

Q: I am a looking to adopt my step son and strip his mother of parental rights. My fiance and I will be married in July

My son's father and I have been together since he was 1. His mother has not called or seen him since the first few months we've been together. She has missed his 2nd and 3rd birthdays. They have a custody agreement of 4,3,4 (split) but the last time in 2 years and only time she asked to see him was... Read more »

John Hyland Barrett III answered on Jan 29, 2018

You may be able to adopt him if the court decides she has abandoned him and that it is in the child's best interest to have you adopt him. You should retain an attorney to help you with this

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

Q: how do i go about terminating my sons fathers rights, he hasnt seen him since he was one. He's 7 now.

His paychecks in Texas do get garnished but other than that no contact is over 6 years. I am remarried and my husband has been raising him.

John Hyland Barrett III answered on Jan 29, 2018

The only way to terminate his rights is if your husband adopts your son. If that happens, his father will no longer be liable for current support. You should consult with an attorney to discuss this.

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1 Answer | Asked in Adoption and Family Law for Colorado on

Q: My daughter is getting adopted by her stepfather. I live in Colorado and they live in North Dakota. How do I consent?

I have a daughter that I haven't seen in 8 years. Her mother married a great guy and has carried on. My daughter and I have gotten back in touch and have been patching things up and her mother and I have been getting along. My daughter's stepdad wants to adopt her and my daughter has on numerous... Read more »

John Hyland Barrett III answered on Jan 4, 2018

You could contact their attorney to see how you can consent to the adoption. It should be just a matter of signing a consent form which the attorney can provide.

1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Colorado on

Q: My ex-husband wants joint custody of my son (his former stepson). Can I stop this from happening?

I do not want my son to have any contact with him due to the way he has treated me for the 10 years we were married, and even now after the divorce. I don't want my son to see that anymore. He never adopted him. I am remarried and my husband wants to adopt my son. I currently have sole custody,... Read more »

Stephen J. Plog answered on Dec 28, 2017

More information is needed, including as relates to when you separated, how long you have been divorced, if there are any orders in place regarding your son and ex-husband, and how long it's been since your son has been in his care. If your son has not been in his care for the last 6 months and... Read more »

1 Answer | Asked in Family Law and Adoption for Colorado on

Q: Why wont a judge or his assistant talk to me about my case and forcing me to use a lawyer?

I am almost done adopting my daughter. Her biological father has signed off on everything, but the court sent back a decline to set an adoption hearing due to a defective affidavit of abandonment. (lists wrong child)

The issue is her bio father did not abandon. Why do I even need to do this... Read more »

John Hyland Barrett III answered on Dec 18, 2017

If you do not want to get a lawyer, then it is your responsibility to make sure you are doing it correctly. The judge is not allowed to discuss the case with you except in formal court proceedings. His assistant is not permitted to give you legal advice.Adoptions are very complicated and proper... Read more »

1 Answer | Asked in Immigration Law, Adoption, Child Custody and Constitutional Law for Colorado on

Q: My nephew, who is a U.S. citizen, was sent by CPS to live with his Mexican father two months ago. How do we get him back

My sister, who is a U.S. citizen passed away, and custody was granted to dad by default. He was deported, and then my nephew was sent to live with him in Mexico. I haven't spoken to him since the day before he left for Mexico, and the father is ignoring everyone in the family trying to contact my... Read more »

Stephen J. Plog answered on Nov 28, 2017

Unfortunately, under Colorado law, you likely do not have what's called "standing," meaning the legal right to seek custody of the child, given that he is in the care of a parent. Grandparents or great grandparents could potentially seek grandparent visitation, but aunts and uncles have no legal... Read more »

2 Answers | Asked in Adoption and Animal / Dog Law for Colorado on

Q: can a judge tell you to give up a dog to an adoption center

Juliet Piccone answered on Oct 13, 2017

If the charge against you is something they can take away or kill your dog over then yes.

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3 Answers | Asked in Family Law and Adoption for Colorado on

Q: How do I obtain the case number for the termination of parental rights?

Tristan Kenyon Schultz answered on Sep 4, 2017

Review the adoption materials that you have. The termination should be mentioned somewhere as part of the adoption application. If this does not work you can also try the following:

(1) you can call the courthouse (ideally the courthouse where the termination occurred) and ask for help with...
Read more »

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1 Answer | Asked in Adoption for Colorado on

Q: Can a birth father whose parental rights have terminated get the adopted child back 7 years after adoption?

He told me an attorney told him he can take the kids whenever ha wants without my consent and can go to court to get them back. I adopted them almost 7 years ago after parental rights were involuntarily terminated.

Tristan Kenyon Schultz answered on Sep 4, 2017

This is simply not true at so many levels.

When parental rights are terminated, the man is not the father and he cannot revisit the situation. Be aware that you can likely get a restraining order.

1 Answer | Asked in Adoption and Family Law for Colorado on

Q: If my adopted childrens birth father takes my kids without my permission what is my recourse?

He is my nephew and we have been living in the same house. He was recently released from parole. Aggravated felony with an 8 year sentence. Parental rights were involuntarily terminated.

Tristan Kenyon Schultz answered on Sep 3, 2017

If the father's rights were terminated, he has no rights to child and certainly does not have any right to take the child without permission. This is simple kidnapping/child abduction. Call the police--mention that his rights were terminated (see if you can get the case number of the termination... Read more »

1 Answer | Asked in Adoption and Family Law for Colorado on

Q: I'm a kinship parent in colorado I'm trying to adopt my daughter her bio mom is gone 5 years in cps court do I have

*termination grounds.? If so how?

Stephen J. Plog answered on Jul 21, 2017

If there is an ongoing CPS case, the mother's rights could be terminated in that case. If not an ongoing CPS case, mother being gone for 5 years would be a basis to terminate rights as part of an adoption.

1 Answer | Asked in Adoption and Animal / Dog Law for Colorado on

Q: I adopted a puppy out of the shelter and he has been extremely sick since, can I hold them accountable?

The vet has stated that the shelter should have been fully aware of the puppies issue before adopting him out.

Kristina M. Bergsten answered on Jun 22, 2017

Yes, you can sue the shelter for fraudulent misrepresentation of the health of the animal. Sometimes, however, some shelters have waivers of liability in their adoption contracts - so you need to check your adoption contract. If, however, the illness was so obvious that they should have known about... Read more »

1 Answer | Asked in Adoption for Colorado on

Q: My daughter was taken from me when she was six she is now 18 how can I contact her

Tristan Kenyon Schultz answered on May 3, 2017

You can try an internet search or hiring a PI. If your parental rights were terminated, you will not likely be able to request the information from the state.

1 Answer | Asked in Adoption and Criminal Law for Colorado on

Q: Sexual abuse case on father when I was a child. Why is my case posted all over Google i want to sue to have it removed.

Tristan Kenyon Schultz answered on Apr 28, 2017

A requirement of the US Constitution is the release of court information to the public. If you requested a sealed record or the judge withheld information (e.g. you were a minor) there is an argument that some the information should not be disclosed. That said, the ability to effectuate a take-down... Read more »

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