|
|
         |
Colorado Springs Step Parent Adoption & Grandparent
Adoption & Relative Adoption
The non-residential birth parent executes a document relinquishing his or her parental rights. The parent will be advised of his or her right to contest termination of parental rights, right to trial and representation by counsel. Any consent must be freely and voluntarily given, without undue influence, duress, coercion or fraud. Local courts have approved a residential birth parent offering release of liability for past due child support in return for the non-residential birth parent's relinquishment. That offer, combined with an advisement the adoption will be processed on involuntarily termination with subsequent suit to enforce support arrearages may be an inducement to the non-residential birth parent to execute a relinquishment. Waiver of support arrearages need not be offered. No parental waiver can affect, nor prejudice any claim or cause of action of any State or County governmental agency arising out of an assignment of rights to child support relative to welfare benefits received by that parent or any third person on behalf of a child. The offer to waive child support arrears or expenses of confinement and delivery must be made expressly excluding any such governmental claims. The residential parent should be careful in making any offer to waive support arrearages to include a date on which the offer is automatically withdrawn without further notice. This precludes the non-residential parent from accepting the offer after involuntary termination of his or her parental rights. The offer should also be expressly contingent upon entry of the termination and adoption decrees. If a written relinquishment is received from the non-residential birth parent, on the date set to finalize the adoption decree no matters remain clouded. Even though the consent could be withdrawn at the last minute, consent usually places the adoptive family in high spirits before the hearing.
For whatever reason, the non-residential birth parent fails or refuses to execute a document relinquishing his or her parental rights. The petitioner must establish by clear and convincing evidence at hearing 1. No child support whatsoever has been received for a period of 12 consecutive months immediately preceding the filing of the lawsuit. 2. Failure to pay reasonable support was without cause; the non-residential birth parent had the ability to contribute reasonable support. Contribution need not be the full amount of the support ordered to constitute payment of reasonable support under the circumstances. Karaken v. Valdesuso, 33 Colo. App. 47, 50, 515 P.2d 128, 130 (1773). Colorado courts have held that failure of a prisoner in the state penitentiary earning $1.50 per day to contribute anything to child support was not just cause; he had the ability to contribute reasonable support from his meager earnings. In re R.H.N., 710 P.2d 482 (Colo. 1985). 3. There is no reasonable likelihood that the non-residential birth parent will provide future child support. Past conduct is the polestar. 4. The non-residential birth parent has abandoned the child. 5. The best interests of the child will be served by the adoption. If the petition alleges non-support, this attorney prepares an arrearage computation which includes each child support payment due for the period commencing the date ordered to the date of adoption lawsuit preparation, each payment received, and interest computed at the statutory rate (Colorado 12% per annum) based upon irregular transactions. With the computation the court can easily ascertain the periods of non-support and total arrearage amount. The non-residential birth parent obligor is advised of the alleged arrearage for which he or she is obligated and which may be enforced absent waiver by the obligee. Refer to the support enforcement page in my primary website.
In determining the best interests of the child, the court may consider among other factors, family stability, the present and future effects of adoption, including the detrimental effects of termination of parental rights, the child's emotional ties and interaction with the contestants, the adjustment of the child to the living situation, the child's age, and the mental and physical health of the parties. Frequently attorney's see a situation where the non-residential birth parent has failed to maintain physical visits or telephone contact for a period of time, failed to send birthday or holiday cards, failed to communicate by letter, and has failed to provide any support. These are facts you should document, and you should provide any cards or correspondence to your attorney. Positive factors of the interaction between the child and the adoptive step-parent include support he or she has provided, maintaining a home for the child, common activities and interests shared between them, assistance with homework, attendance at school activities or transport for medical or dental care, conversations regarding important life events and maturation, and the like. The court will look to see if the adoptive step-parent has in fact established and fulfilled the role of a parent to the child.
1. Adoptive parent and spouse
birth parent: 2. Child 3. Prior court orders regarding
custody, guardianship or support 4. Other children of adoptive
parent or spouse birth parent 5. Non-residential birth parent 6. Circumstances surrounding an offer, if any, of the residential birth parent to waive child support arrearages in return for the non-residential birth parent's relinquishment. 7. Consent of residential birth parent spouse to the adoption. 8. Consent of the child to be adopted if age 12 or above. (Little ones seem to get a kick out of signing a consent, even with crayon drawings) 9. Petitioner adoptive parent, residential birth parent spouse and child are residents of the county and state in which the petition is filed to confer jurisdiction and venue. 10. Petition is filed in good faith for the purpose of building a nuclear family, not for an illegitimate purpose such as vendetta or to gain access to a child's assets. 11. The best interest of the child will be served by the adoption. 12. By statute: whether the prospective adoptive parent was convicted at any time by a court of competent jurisdiction of a felony in one of the following areas: child abuse or neglect; spousal abuse; any crime against a child; or any crime involving violence, rape, sexual assault, or homicide, or other physical assault or battery. In addition, the petitioner shall attach to the petition a current criminal records check, paid for by the petitioner. I also include similar information reported by the client regarding the residential birth parent or non-residential birth parent, except that criminal records histories are not attached for the residential birth parent or non-residential birth parent unless such crimes exist. 13. Whether or not the adoptive step-parent has ever been delinquent in child support regarding another child for whom support was ordered, or whether the adoptive step-parent has ever relinquished parental rights regarding another child with whom he had a legal parent-child relation. 14. A statement of all attorney's fees charged or costs relative to this adoption must be filed, as well as a statement of any amounts given to the non-residential birth parent or any other third person. The legislature's intent was to avoid black market babies - CRS 19-5-213 above.
The adoptive step-parent will file a petition asking the court to approve placement, terminate the legal parent-child relation of the non-residential birth parent and to grant a decree of adoption establishing the legal parent-child relation between petitioner and the child. Adoptions are filed in juvenile court; e-Filing is not available at this time. Upon filing, the court will review placement and enter an order regarding approval. A return date on the petition will be set by the court. The non-residential birth parent is entitled to 20 days notice if a resident of Colorado, 30 days notice if a resident out of Colorado. I generally set that return date 75 - 90 days after filing to allow time for service of process and response time to elapse on interrogatories and requests for admissions. If the non-residential birth parent has failed to file a response or otherwise contact petitioner, counsel or the court, the court will hear the merits of the case at the return date. A decree may enter terminating the parent-child relation of the non-residential birth parent and a separate decree may enter granting the adoption. The client is provided with certified copies of each decree. A certified copy of the decree of relinquishment or termination is sent to the non-residential birth parent. Juvenile court has exclusive jurisdiction in adoptions. Proceedings are closed to the public - the courtroom doors are actually locked to preserve confidentiality. At the final orders hearing, the court will usually permit admittance of family members if requested by the parties. The child can be kept in the hall and shielded from termination testimony, however must be physically present during adoption testimony. Courts frequently permit camcorder recording, or still photographs. After entry of orders, it has been my experience that juvenile magistrates may be most willing to have the child placed in his or her lap for a photograph at the bench with family members surrounding the Court. Kids have been able to pound the gavel and play judge. I've seen juvenile magistrates present a cupcake, light a sparkler or waive a magic wand. This is a joyous event. Don't forget your camera. If I provide representation, at final hearing I would bring a digital camera to memorialize the occasion & provide pictures to the client on CD. That service would be free in celebration of the adoption. A certified copy of each decree is sent to the state agency which entered the original birth certificate. A new birth certificate is prepared reflecting the adoptive step-parent and spouse birth parent as birth parents for the child. The original birth certificate is sealed and not accessible pursuant to CRS 25-2-113 In the adoption decree, the child's first and middle names may be retained, or may be changed. The surname is frequently changed to that of the adoptive parent, however that also is parental choice. You should consider names. If the child is not an infant, consult the child and perhaps a child psychologist. Change of identity by changing the first and middle names is a family decision, but may not be a good idea. An adoption should be commenced for the purpose of building a lawful, nuclear family. Usually the family exists in fact long before an attorney is contacted, and the purpose is simply to give that family legal existence and validity. However, an adoption should never be commenced as a means of punishing the absent birth parent.
Once final orders are entered, the adoptive step-parent becomes a lawful parent as though he or she were a birth parent of a child born in lawful wedlock. Should your marriage later fail and dissolution of marriage proceedings be commenced, the adoptive parent has equal standing for allocation of parental rights and parenting time (fka custody and visitation). By the same token, he or she will also be held to the same standard as any other parent for child support. Regardless of the spouse birth parent's income capacity, you can not say oooops, judge this adoption was a mistake and let's set it aside - he or she doesn't need the support. Set aside does not happen. Succinctly stated. Be certain of your purposes and marriage stability.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
