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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 29 years
private practice in Colorado state and
municipal courts |
ROBERT D. GUSTAFSON
ATTORNEY AT LAW
6538 Charter
Drive
Colorado Springs, CO 80918-1335
Phone (719)
260-1002
Fax (719) 260-1003 * Toll Free (800) 410-1002 |
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COLORADO
SPRINGS STEP PARENT ADOPTION
COLORADO SPRINGS GRANDPARENT ADOPTION &
RELATIVE ADOPTION
Colorado Springs, El Paso County, Colorado
Pikes Peak Region * Surrounding Colorado
Counties * Southern Colorado * Front Range *
Continental Divide * Eastern Plains |
PRIVATE
ATTORNEY
NOT
AN ADOPTION AGENCY |
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Attorney welcomes legal
representation inquiries
please do not call thinking this is an adoption agency -
licensed child placement agency |
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Colorado Springs Step Parent Adoption & Grandparent
Adoption & Relative Adoption
relinquishment or non-support termination of parental rights, birth parent skip
tracing - parent locator
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COLORADO
SPRINGS
STEPPARENT ADOPTION |
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STEP PARENT ADOPTION
GENERAL
INFORMATION |
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adoption &
creation of a new family is the nicest thing we lawyers get to do
thank you for considering my
services; I appreciate your inquiry |
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1. WHO MAY BE ADOPTED
Any child
under eighteen years of age present in the state at the time the petition for
adoption is filed and legally available for adoption may be adopted. Upon
approval of the court, a person eighteen years of age or older and under
twenty-one years of age may be adopted as a child.
2. WHO MAY ADOPT.
A step-parent adoption is filed
by the spouse of a party with children. The adopting step-parent is the
attorney's client, not the birth parent spouse. Relinquishment (voluntary
surrender) of parental rights or involuntary termination of parental rights is
accomplished within the adoption lawsuit. No separate suit is required.
3. RESIDENCY You must
physically reside in Colorado. A petition for adoption can only be filed in the
county of residence of the petitioner or in the county in which the placement
agency is located. CRS
19-5-204 No placement agency exists in a step-parent
adoption, therefore the suit is filed in the adoptive step-parent's county of
residence.
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No domicile requirement is
contained in the adoption statutes. Domicile is not the same as simply living
here; you acquire legal residency by having significant contacts with the
state. You must intend to permanently reside here, or return here after your
travels are done. Some of the domiciliary indicators are: Colorado driver's
license, Colorado automobile registration, paying Colorado state income taxes,
registration to vote in Colorado, banking in Colorado, and home ownership or
having executed a lease. For domicile, military personnel must claim Colorado
as their home of record; an affidavit of residency is available at any
military finance office,
Form
DD-2058. |
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Since physical residence only,
not
domicile, is required, an adoption lawsuit can be initiated on behalf of a
person physically residing in Colorado, but claiming another state as legal
residence. That most common circumstance would be military families. Local
courts have entered final adoption decrees for my clients in the military
claiming another state as their legal residence.
4. MARRIAGE DURATION
Colorado
law does not require any specific length of marriage of the adopting step-parent
and birth parent spouse. Local courts in El Paso County do require one year of
marriage before the juvenile magistrate will grant a decree of adoption.
Common
law marriage is lawful in Colorado and works as well as a statutory
marriage - ceremony performed by judge, magistrate, pastor, priest or
minister. Terminating the parent-child relation and establishing another is an important
matter in a child's life. Local courts wish to see a degree of stability.
5. GROUNDS The grounds in
Colorado for a step-parent adoption are either consent of the non-residential
birth parent, or involuntary termination of his or her rights to the
parent-child legal relation based upon non-support or abandonment.
6. COMPENSATION FOR PLACING CHILD PROHIBITED -
CRS
19-5-213
(1) (a) No person shall
offer, give, charge, or receive any money or other consideration or
thing of value in connection with the relinquishment and adoption,
except attorney fees and such other charges and fees as may be approved
by the court.
(b) No person, other than
an adoption exchange whose membership includes county departments and
child placement agencies, a licensed child placement agency, or a county
department, shall offer, give, charge, or receive any money or other
consideration or thing of value in connection with locating or
identifying for purposes of adoption any child, natural parent,
expectant natural parent, or prospective adoptive parent; except that
physicians and attorneys may charge reasonable fees for professional
services customarily performed by such persons.
(2) Any person who violates
the provisions of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not less than one hundred
dollars nor more than five hundred dollars, or by imprisonment for ninety
days in the county jail, or by both such fine and imprisonment.
Colorado
Courts - Forms - Adoption - Index & Download |
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STEP PARENT ADOPTION
VOLUNTARY
RELINQUISHMENT
CONSENT OF
NON-RESIDENTIAL BIRTH PARENT |
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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.
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STEP PARENT ADOPTION
INVOLUNTARY
TERMINATION
NON-SUPPORT - ABANDONMENT |
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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.
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STEP PARENT ADOPTION
BEST INTEREST
OF
CHILD |
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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.
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STEP PARENT ADOPTION
PETITION
FACTS TO BE ESTABLISHED |
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1. Adoptive parent and spouse
birth parent:
residence now and at time
of child's birth
birth date + location, age,
sex, race, social security no.
occupation now and at time
of child's birth
years domiciled in Colorado
and whether military
birth mother's maiden name
cohabitation date +
marriage date and location
relationship to child
Petitioner adoptive parent
is of good moral character, is gainfully employed, has the ability to
support and educate the child and maintains a suitable home for the child
2. Child
name at present and after
adoption
residence now and at time
of birth
birth date + location, age,
sex, race, social security no.
description of child's
property
guardian of child's person
or estate
caretaking arrangements
since separation from non-residential birth parent
3. Prior court orders regarding
custody, guardianship or support
date,
location, court, case number, contents of former orders
4. Other children of adoptive
parent or spouse birth parent
identification
information - natural or adopted, living or dead
5. Non-residential birth parent
residence now and at time
of child's birth
birth date + location, age,
sex, race, social security no.
occupation now and at time
of child's birth
relationship to child
circumstances surrounding
support since separation from child + arrearage, if any
circumstances surrounding
physical visits or abandonment, if any, since separation from child
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.
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STEP PARENT ADOPTION
BACKGROUND CHECK
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Three background checks of the
adoptive parent are required under
Colorado law in adoptions
this includes step parent adoption, relative
adoption & straight adoption
1. Colorado Bureau of Investigation
(CBI) fingerprint based background check
2. Federal Bureau of Investigation
(FBI) fingerprint based background check
3. Colorado Department of Human Services
TRAILS report - child abuse background check
Refer to
CRS 19-5-207, CRS 19-5-208, and CRS 19-5-210 |
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PURSUANT TO STATUTE, ADOPTION
DECREE MAY NOT ENTER ABSENT ABOVE BACKGROUND CHECKS |
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Additionally, counsel
runs the following searches on the adoptive parent, adoptive parent's
spouse (birth parent), and the opposing birth parent whose parental
rights are sought to be terminated. Searches are conducted by
name, date of birth & social security number.
1. Colorado driving record & any other
state recently licensed
2. Colorado Judiciary state courts
litigation history search
3. CBI
background check based upon name,
date of birth & social security number
4. Nationwide by states criminal history
history search |
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1. Criminal History and
Abuse History of Adoptive Parent - potential problems
The
following may be problematic if the adoptive parent was convicted at any
time of a felony or misdemeanor in one of the following areas:
(A) Child abuse or neglect;
(B) Spousal abuse;
(C) Any crime against a child,
including but not limited to child pornography;
(D) Any crime, the underlying factual
basis of which has been found by the court on the record to include an
act of domestic violence,
as defined in section
CRS 18-6-800.3:
(E) Violation of a protection order,
as described in section 18-6-803.5, C.R.S.;
(F) Any crime involving violence,
rape, sexual assault, or homicide; or
(G) Any felony physical assault or
battery conviction or felony drug-related conviction within, at a
minimum, the past five years.
Conviction for any other criminal
offense may be considered by the Court in determining whether the adoption
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2. Criminal History and
Abuse History of Adoptive Parent - possible solution
CRS 19-5-207(2.5)(b) -
partial excerpt
(I) Except as otherwise provided in subparagraph (II) of this paragraph (b),
a person convicted of a felony offense specified in subparagraph (IV) of
paragraph (a) of this subsection (2.5) may be allowed to adopt a child if:
(A) The applicant has had no further arrests or convictions subsequent to
the conviction;
(B) The applicant has not been convicted of a pattern of misdemeanors, as
defined by rule of the state board of human services; and
(C) The court enters a finding consistent with section 19-5-210(2)(d) that
the adoption is in the best interests of the child.
(II) A person convicted of a felony offense as described in this
subparagraph (II) shall not be allowed to adopt a child if there is:
(A) A felony conviction on the application for adoption that involves child
abuse, as described in section 18-6-401, C.R.S.; a crime of violence, as
defined in section 18-1.3-406, C.R.S.; or a felony offense involving
unlawful sexual behavior, as defined in section 16-22-102(9), C.R.S.;
(B) A felony conviction on the application for adoption that occurred less
than five years prior to the application that involved physical assault or
battery or a drug-related offense; or
(C) A felony conviction on the application for adoption that occurred less
than ten years prior to the application and involved domestic violence, as
defined in section 18-6-800.3, C.R.S. |
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STEP PARENT ADOPTION
PROCEDURE
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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.
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STEP PARENT ADOPTION
FINALITY
OF FINAL ADOPTION DECREE
PLEASE READ CAREFULLY |
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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.
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STEP PARENT ADOPTION
NOTICE OF
PROCEEDINGS
NOTICE
TO NON-RESIDENTIAL BIRTH PARENT |
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In cases where the adoptive
parent is the step-father, this attorney has encountered statements from the
spouse birth mother that she was uncertain as to the identity of the birth
father. That is not acceptable. In such a circumstance, each man with whom she
had sexual intercourse at or near the time of conception must be served as a
putative (alleged or possible) birth father. This attorney has also been
advised the location of the non-residential birth parent is unknown. That also
is not acceptable. You can't hide the adoption from the birth parent.
The non-residential birth
parent must be given notice of the proceedings to terminate his or her legal
parent-child relation. Constitutional due process (fairness) mandates notice.
If you are unable to personally
serve the non-residential birth parent, publication in the local newspaper
will be ordered. That is called constructive notice, the best notice that can
be given under the circumstances. Before you publish, you must file a motion
for publication with the court, accompanied by an affidavit of the efforts
made to locate the non-residential birth parent. If the court finds reasonable
efforts have failed to locate, an order for publication will enter.
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The parent-child legal
relationship is the structural foundation of family. It is constitutionally
protected. Any decree of termination or adoption entered upon publication
notice is subject to later collateral attack. The non-residential birth
parent may ask that the court orders be set aside upon the grounds that he
or she did not receive notice, insufficient efforts were utilized to locate
and provide notice to him or her, and the proceedings are constitutionally
defective. That's the stuff of which those heart rendering TV movies are
made. Don't try to hide the location of the birth parent being
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If the non-residential birth
parent is willing to sign a paper saying he or she received the legal
documents, you can use the mail and there is no charge for service of process.
That is called waiver and acceptance of service of process. Parents whose
rights are being terminated don't sign. I don't recommend attempting waiver of
service. Attempted wavier of service only sets up expense of re-preparing the
suit for service and necessity of re-setting the court return date. |
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Notice is best accomplished by
personal service - a person unrelated to the litigation physically hands the
non-residential birth parent a copy of the lawsuit documents which include the
court return date, then provides an affidavit of service of process. Once the
non-residential birth parent has been given personal service notice of the
lawsuit and the return date, he or she is then precluded from a later
collateral attack based upon lack of notice. If I am your counsel, I require
that back door be closed. I will utilize the services of a private
investigator to locate the non-residential birth parent and provide notice by
personal service. If a client declined investigator services, I would refuse
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What do I do if I can't find the
birth parent?
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attorney has
SKIP TRACING
capabilities in litigation cases or a
PRIVATE INVESTIGATOR
may be required
NOTE: attorney accesses databases only during litigation
preparation - not available to the general public |
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A client may save expense by verification of the birth parent's current
contact information before referring the matter to the attorney for
litigation. If self help fails, search databases are available to
Gustafson Law Office which can not be accessed by the general public.
Refer to above skip tracing link. Government
child support enforcement units
establish paternity, enforce support & have access to governmental tax
databases such as welfare or worker's compensation to which employers
report quarterly or annually. Private counsel and private persons
can not access welfare or tax databases. If a
CSE
has worked a support enforcement case, contact the
CSE
for a potential address before retaining private counsel or ordering a
commercial (pay) search. Feel free to bookmark this page in case the
CSE
option doesn't work out. |
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Adoptive
child searching for birth parent or birth parent searching for adoptive child
Please refer to
Adoption Information
Access |
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If communication lines are
open, I ask the residential birth parent to contact the non-residential birth
parent to ascertain whether he or she would agree to a relinquishment. If
effective communication does not exist, no contact should be made. After that
initial phone call, it is usually best that neither the adoptive step-parent
nor the residential birth parent have further contact. It is important to
avoid allegations of duress, coercion, undue influence or fraud. Keep your
long distance phone bills as evidence of phone calls or lack thereof.
Investigator skip tracing can
involve significant expense. When confronted with the skip tracing or investigator financial
burden and knowledge that the adoption is subject to being set aside absent
actual notice, former clients have somehow found information to aid in service
of process on the non-residential birth parent. Similarly, when confronted
with knowledge of potential later collateral attack, the identity of the
non-residential birth parent has somehow become apparent. If publication
notice were to be utilized, the supporting affidavit of the residential birth
parent combined with an investigator's affidavit of location efforts would
provide the best protection possible against collateral attack. Thus far, in
each of my step-parent adoption cases notice has been given by personal
service. I plan to keep it that way - no client wants his or her heart-ache
broadcast in a TV movie. Here, an ounce of prevention is indeed worth a pound
of cure.
Service of process on an
average costs around $85, but can vary. Service is frequently accomplished
out of state and expense varies widely with region or distance the process
server or investigator must travel to remote locations. For some unexplainable
reason, the birth parent being served in several of my cases has lived out in
the toolies where the buses don't run.
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STEP PARENT ADOPTION
NO PROMISES
TO
NON-RESIDENTIAL BIRTH PARENT
NOR TO
EXTENDED BIRTH FAMILY |
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Relinquishment or termination
decree and adoption decree sever all legal relationships between the
non-residential birth parent and the child. Extended family rights such as
grandparent are derivative, and thus are also severed. The adoptive parent and
residential birth parent should never promise or agree to continued visitation
or other rights in exchange for relinquishment or for some other reason. Do
not create any expectations. Those promises, agreements, inducements, offers
or weak moments may later be used as a reason to set aside the termination and
adoption.
Waiver of child support arrearages in return for
voluntary
relinquishment would be the only exception to the rule against promises
to the opposing birth parent, and even that would be documented in the adoption
proceedings.
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GRAND PARENT
ADOPTION
and
ADOPTION BY RELATIVES |
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For purposes of this webpage:
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Grandparent adoption refers to adoption wherein a relinquishing birth parent
designates the grandparent(s) as the guardian(s) and proposed adoptive
parent(s). This is known as a designated adoption.
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Relative adoption refers to adoption wherein a relinquishing birth parent
designates a relative as the guardian(s) and proposed adoptive parent(s).
Statutorily defined relationship is that of the child's aunt, uncle, brother, or sister.
Designated grandparent or
relative adoption is a hybrid between the
straight adoption and
step-parent adoption process.
a. In step parent adoptions, relinquishment or termination occurs in the
same lawsuit and is generally entered at the same time as the adoption
decree.
b. In straight adoptions,
relinquishment or termination of parental rights is the subject of a separate
lawsuit for each birth parent.
c. In grandparent or relative
adoptions, relinquishment or termination of parental rights is again the
subject of a separate lawsuit for each birth parent.
No placement of any child legally available for adoption shall be made for the purposes of adoption except by the court, the county department of social services, or a licensed child placement
agency. CRS 19-5-206(1)
Birth parent or parents may designate a specific applicant with whom they may wish to place their child for purposes of adoption. After assessment and approval of the potential adoptive parents and subsequent relinquishment of the child, the court shall grant guardianship of the child to a person or agency described in section 19-5-104 (1) until finalization of adoptive
placement... All requirements and provisions of this article pertaining to relinquishment and adoption shall apply to designated adoptions.
CRS 19-5-206 (2) (a)
Where grandparent or relative adoptions differ from a non-relative straight
adoption:
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The court may waive the assessment and approval requirements of paragraph (a) of this subsection (2) in cases where the birth parent or parents have designated the child's grandparent, aunt, uncle, brother, or sister as the person with whom they wish to place their child for purposes of adoption. The court may proceed to finalize such adoptive placement upon finding that the placement is in the best interests of the child.
CRS 19-5-206 (2)(c)
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The court may waive the assessment and approval of the potential adoptive parents in cases involving kinship or custodial adoption or may determine and order what kind of information or written report it deems necessary, including an abbreviated home study or home evaluation. The court may proceed to finalize such adoptive placement upon finding that the placement is in the best interests of the child.
CRS 19-5-206 (2)(c)
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This essentially means the court may, in its discretion - but need not,
proceed to finalization without requiring involvement of and assessment
by an adoption agency - licensed child placement agency. Prior
guardianship or residential care of the child by the grandparent or relative
increases the potential for the court to waive the licensed child placement
agency assessment, homestudy, background check and possible parenting
classes. This is a significant expense savings - possibly thousands of
dollars.
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BIRTH PARENT RELINQUISHMENT
COUNSELING |
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Herein comes a major difference between
step-parent adoption
and grandparent adoption.
Except in step-parent adoption, the
Colorado
relinquishment statute, provides for relinquishment counseling. This includes grandparent or relative
adoption. Refer to the link to read the statute, or
Colorado Revised Statutes (CRS) are available in
the
local law library
supported by the
El
Paso County Bar Association - you may ask a librarian for
assistance in locating statute books.
CRS 19-5-103(1)(a)
provides any parent desiring to relinquish his or her child shall obtain counseling for himself or herself and the child to be relinquished
as the court deems appropriate. The relinquishing parent and
petitioning grandparent or relative may request that the court waive
relinquishment counseling, however other language contained in the statutes and
Birth
Parent's Relinquishment Affidavit emphasize
relinquishment
counseling. Litigants should anticipate that the
request will be denied and that proceedings will be stayed until
relinquishment
counseling has been conducted by an adoption agency - licensed child placement
agency. The cost of relinquishment counseling may exceed $1,200.
Call any agency for prices. For a listing of Colorado Child Placement
Agencies, you may contact the
El Paso
County DHS - fka DSS or the
Colorado
State Department of Human Services.
Attorney Note. Representing an adoptive grandparent or other
relative, on the conservative side I advise my clients that relinquishment
counseling for the relinquishing birth parent is prudent. If the
relinquishment counseling is conducted, a door is closed to possible subsequent
collateral attack. If not conducted, the relinquishing parent could
potentially later claim he / she did not have a full understanding of the
consequences and ramifications of his or her relinquishment act and due process
protections were not afforded. Pay for and have the birth parents complete
relinquishment counseling before you commence the relinquishment and adoption
legal proceedings.
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ALL ADOPTIONS
ESTATE PLANNING |
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Review wills, trusts or life
insurance policies. Your circumstances will be changing; you will need to
amend beneficiaries or your entire estate plan. You may also wish to review
your needs for powers of attorney, child guardianship and conservatorship, a
medical or surgical treatment declaration (life support) or anatomical gift
declaration. I do not practice probate or estate planning; contact your estate
planning attorney.
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ALL ADOPTIONS
ACCESS
TO ADOPTION
INFORMATION |
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adoption information may be accessible once the adopted child has attained
age 18 |
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1. ACCESS TO COURT RECORDS The
relevant statutes are CRS 19-5-301, et. seq.
CRS
19-5-301 Legislative Declaration
CRS 19-5-302 Repealed
CRS
19-5-303 Intermediary Commission
CRS
19-5-304 Confidential Intermediaries
CRS
19-3-305 Access to Adoption Records - Contact
CRS
19-5-306 Public Information Campaign
CRS
19-5-307 Child Placement Agency - Transfer of Records
Vital
Records - Adoption - Frequently Asked Questions (FAQ)
Information re birth certificates & identifying
/ locating birth families
Colorado
Courts - Forms - Adoption - Confidential Intermediary - Index & Download
Proceedings to open adoption and relinquishment court files
ADOPTIONS
PRIOR TO SEPTEMBER 1, 1999
A person may file a motion
with the court to have a confidential intermediary appointed who has been
trained by the state. The appointed intermediary will be given access to
court records.
Any information obtained by
the confidential intermediary during the course of his or her investigation
shall be kept strictly confidential and shall be utilized only for the
purpose of arranging a contact between the individual who initiated the
search and the sought-after biological relative or for the purpose of
obtaining consent for the release of adoption records.
When a sought-after
biological relative is located by a confidential intermediary on behalf of
the individual who initiated the search, the confidential intermediary shall
obtain consent from both parties that they wish to personally communicate
with one another.
Contact shall be made between
the parties involved in the investigation only when consent for such contact
has been received by the court.
If consent for personal
communication is not obtained from both parties, all relinquishment and
adoption records and any information obtained by any confidential
intermediary during the course of his or her investigation shall be returned
to the court and shall remain confidential.
ADOPTIONS
ON OR AFTER SEPTEMBER 1, 1999
All adoption records relating
to adoptions finalized on or after September 1, 1999, shall be open to
inspection and available for copying by an adult adoptee, an adult adoptive
parent, or the legal representative of any such individual. In addition,
some records specified by statute relating to adoptions finalized on or
after September 1, 1999, shall be open to inspection and available for
copying by an adult adoptee's adoptive grandparent, an adult descendant of
an adult adoptee or the adoptive parent, an adoptee's legal guardian, an
adoptee's spouse, or the legal representative of any such individual. No
other person or entity shall have access to such records except as otherwise
provided by law.
The adoption records shall
not be open for inspection or available for copying with respect to any
identifying information concerning a birth parent if such birth parent has
previously provided the court with a signed and notarized written statement
within three years after the final order of relinquishment or termination
specifying that such parent wishes the identifying information concerning
that parent to remain confidential. The written statement shall remain in
the court's relinquishment or termination file unless later withdrawn by the
parent. The birth parent submitting such a written statement may also submit
to the court a letter of explanation that shall be released to the adoptee
at the time that the adoptee makes a request for inspection of the adoption
records.
An adult adoptee may, at any
time, provide the court that finalized the adoption with a signed and
notarized written statement specifying that such adult adoptee wishes to
maintain the identifying information concerning that adoptee confidential.
The written statement shall remain in the court's adoption file unless later
withdrawn by the adoptee.
If either an adult adoptee or
a birth parent has provided a statement to the court file requesting
confidentiality, a motion may nevertheless be filed requesting the
confidential intermediary process.
Contact by an adult adoptee,
an adult adoptive parent, or an adult descendant of the adoptee or the
adoptive parent with a birth parent or biological relative may be attempted
at any time directly or through another person or agency including, but not
limited to, a confidential intermediary.
Contact with a birth parent
who has previously provided a written statement to the court as described
above may be attempted through a court appointed confidential intermediary.
A birth parent shall have
access to adoption records and contact with the adoptee or the adoptive
family as otherwise provided by law - via an intermediary.
2. ACCESS TO IDENTIFYING INFORMATION
OF LICENSED CHILD PLACEMENT AGENCIES
Upon proof of identity of the
person submitting the consent form, a licensed child placement agency shall
accept a consent form from an adult adoptee or from either adult adoptee's
birth parent or from an adult adoptive parent authorizing the release of
identifying information, as that term is statutorily defined, to the extent
such information is available to the child placement agency.
Upon inquiry by an adult
adoptee or an adult adoptee's birth parent or an adult adoptive parent seeking
information about another party from a licensed child placement agency, the
child placement agency shall be authorized to release identifying information
to the inquiring person, upon proof of identity by the inquiring person, if
the licensed child placement agency is in possession of a consent form from
the party about whom information is sought authorizing such release.
In those circumstances in which
a child placement agency has released identifying information, the child
placement agency may attempt to locate the person who had originally submitted
the consent form and, upon locating such person, advise him or her of the
release. If the inquiring person also submitted a consent form authorizing the
release of identifying information about him or her, the child placement
agency may provide such identifying information to the person located.
A licensed child placement
agency that accepts a consent form may charge a reasonable fee to cover the
direct and indirect costs associated with the services provided if a written
fee agreement has been signed by the agency and the party submitting the
consent form prior to the provision of any service. The licensed child
placement agency shall be required to provide a list of names, addresses, and
telephone numbers of organizations performing similar services prior to
signing any fee agreement with any party submitting a consent form.
Information in the post-adoption record is confidential and shall not be
disclosed by the department of human services, a licensed child placement
agency, or a court except as specifically permitted by statute or as may be
deemed necessary by the department of human services in performing its duties.
If multiple siblings were
adopted, access to adoption records and contact with an adoptee shall not
occur until all of the siblings adopted by the family have attained eighteen
years of age.
3. VOLUNTARY ADOPTION REGISTRY
A voluntary adoption registry
has been established by the State of Colorado pursuant to CRS
24-2-113.5 Adult adoptees or parents who relinquished a child may file identification, a
consent and a method of contact. In the event of a matching inquiry, the
registry will notify each inquiring party of the match before releasing
identifying information. The sealed original birth certificate will not be
released. A small fee is assessed by the state. Relevant Colorado agency:
Colorado Department of Health
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Vital Records - Adoption Coordinator
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INDEPENDENT SERVICE PROVIDERS |
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Where relevant, attorney utilizes
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel. |
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If retained by counsel as an
agent of the attorney, such independent service providers are protected and bound by the
attorney-client privilege and the attorney work product doctrine. If retained privately by the client, no such
agency or confidentiality exists. |
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ADOPTION BY STEP PARENT OR RELATIVES
DO I NEED AN
ATTORNEY? |
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Probably time to loosen the pocket book and hire a family law attorney. |
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Perhaps you may be able to prepare and
file the lawsuit as well as argue final orders hearing, procure
termination and adoption decrees
and a new birth certificate. On the other hand, error and the
possibility of a collateral attack to set aside the termination and adoption could be
heart rendering - TV movie material. Creation of a legal parent-child relation is an
important event which should be accomplished
properly. I strongly recommend a family retain the services
of an attorney. You may retain my services or the services of another
attorney, but hire competent counsel. |
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Please refer to
Document Management regarding format of documents provided
to attorney.
This could save you significant costs. |
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ATTORNEY'S
FEES AND COSTS
STEPPARENT ADOPTION &
GRANDPARENT ADOPTION |
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At the time of the first
visit, a prospective client will be quoted
hourly attorney fees and estimated costs. The
hourly fee and initial trust deposit quotes will
be honored for a period of seven (7) days, after which quotes are subject to change
without notice if this office has not been retained. Attorney is a sole
practitioner with need to manage his caseload. Pending proposed client
acceptance and payment, retainer agreement proposals are subject to
withdrawal. Attorney reserves the right to decline any case.
Included in attorney's primary website is a
web page devoted to clear definition & understanding of free
first
consultation, fees and costs, retainer agreement and terms of
representation. Additional
information regarding fees & costs may be found via the links
following potential quotes.
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POTENTIAL
FEE QUOTE
STEP
PARENT ADOPTION & GRAND PARENT ADOPTION |
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This office bills hourly fees only in family law cases. Time
expended
determines fees. I am unable to predict behavior of parties
who were in a previous relationship and may be emotional. I can not
predict whether a birth parent may voluntarily relinquish or
default. Therefore I do not offer adoption flat fees and I do not offer
contingency (percentage) fees regarding support enforcement.
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PAYMENT |
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Prior
to commencement of representation, the attorney will quote the amount requested
as a trust deposit against which attorney's fees and costs may be billed.
The requested trust deposit will be dependent upon the facts and circumstances
of your case.
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step-parent adoption or grand-parent
adoption
* this shall not
constitute an offer, nor be construed as a binding estimate |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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COSTS
Out of pocket expenses (costs) are the responsibility of the client. |
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Specific adoption filing fees or court costs |
Generic
costs relevant to any adoption
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Generic
costs relevant to any litigation
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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link to Colorado
Judicial Branch website
current costs
information published by state |
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litigation costs
fluctuate - below estimates may be obsolete
fees & costs assessed by courts or third party
providers are not within attorney control |
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Court
filing fees (parenting class difference) |
Cost |
| Petitioner - step-parent
adoption |
$167.00 * |
| Statutory Fingerprint Based
Background Check - Petitioner Adoptive Parent |
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FBI - Federal Bureau of Investigation - bank
cashier's check and copy of adoption statute required |
$ 18.00 |
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CBI - Colorado Bureau of Investigation - bank cashier's check required (no
form - attorney drafts request) |
$ 16.50 |
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DHS - Colorado Department of Human
Services - bank cashier's check required |
$ 30.00 |
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Fingerprint cards - blank cards for law
enforcement to run fingerprints |
$ 8.00 |
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CSPD fee for fingerprinting |
$ 30.00 |
| Intervenor |
$171.00 |
| ADR - Alternate Dispute
Resolution -
Mediation
(fee per party) |
$100.00 minimum |
| Birth certificate |
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Colorado |
$ 35.00 |
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Other states |
each set own fees |
Background search - cost per
person searched
Petitioner & birth parent
relinquishing or to be terminated |
Price
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| DMV
put of state driving record |
Varies |
| Local court archive records
search fee (may be more or less) |
$ 10.00 |
| Decree certification at
courthouse (certified copies $20 each - # copies may vary) |
$100.00 |
Private investigator
initial retainer - if relevant - Dave Glenn utilized by attorney
variable based upon missing birth parent |
$______ |
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Process service
expense - depends upon location of terminating birth parent |
$150.00 |
| On-line
legal research - dependent upon issues
requiring legal research, if any |
Varies |
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Travel time and expenses
if case outside Colorado Springs |
Rates |
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MULTIPLE CHILDREN If multiple children are to be
adopted, local courts require a separate adoption lawsuit filed for each child
where the children have different non-residential birth parents. This would
entail additional filing fee and service of process expenses as well as
additional time expended by your attorney. |
CAVEAT:
Not all above costs will be relevant to any given case, and additional
expenses not identified may be incurred in any individual case. Costs
quoted are subject to change by independent providers; actual costs paid will
be billed. limited
search
pricing |
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FAMILY LAW PRACTICALITIES
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GENERAL CONSIDERATIONS
STEP- PARENT ADOPTION & GRANDPARENT ADOPTION |
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Fees and costs are not billed until incurred, however in the event client
and present spouse separate or terminate the adoption proceeding for any
other reason, earned fees and expended costs will not be
refunded. Client should be certain he * she actually desires to adopt before commencing litigation.
In family law cases it is common for
the client to provide numerous and perhaps voluminous documents to attorney during representation.
Please refer to
Document Management
regarding organization and format of documents which client provides to
attorney This will save
the client money in attorney fees and costs.
To a large degree, our
ability to locate the non-residential birth parent and his or her
conduct in defaulting, relinquishing or contesting the suit will determine the final amount of fees and costs.
No two cases are the
same. Resolving your emotions outside of contact with the
non-residential birth parent or his * her family may decrease your
expenses.
The more complex the case or as justiciable issues increase,
fees
and
costs
increase. This is a reality no matter which attorney a prospective client
hires. You are welcome to review
Alternatives
to Private Counsel - Other Options and visit with any number of
attorneys. In family law matters, it is especially important that the
client be comfortable from the outset with the attorney he or she retains and
understand the attorney's
billing
structure. |
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ATTORNEY
TRADE AREA & TRAVEL
OUTSIDE EL PASO COUNTY |
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GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS |
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Colorado is a big state.
Easy communication access via
internet, email and toll free phone doesn't change
that fact. |
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Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are
from out of state or are unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
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Southern Colorado Area |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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| COUNTIES |
CITIES / TOWNS |
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El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
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Chaffee County |
Salida |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Crowley County |
Ordway |
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Custer County |
Westcliffe |
Metro Denver Area |
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Douglas
County |
Castle Rock |
COUNTIES |
CITIES / TOWNS |
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Elbert County |
Kiowa / Simla |
City and County of Denver |
Denver |
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Fremont County |
Canon City / Florence / Penrose |
Adams County |
Brighton Thornton Federal Heights |
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Huerfano County |
Walsenburg |
Arapahoe County |
Littleton / Centennial /
Englewood |
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Las Animas County |
Trinidad |
Arapahoe County - East |
Aurora |
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Lincoln County |
Hugo (county seat) / Limon |
Broomfield County |
Broomfield |
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Otero County |
La Junta |
Gilpin
County |
Blackhawk / Central City |
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Park County |
Fairplay |
Jefferson County |
Golden / Wheat Ridge |
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Pueblo County |
Pueblo |
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Teller County |
Cripple Creek / Woodland Park |
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thank you for visiting my
webpage
your interest in my services is appreciated |
Adobe Acrobat Reader version 5 or later is required
to view .pdf files 
Free Download |
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to call or email if you are a client or are seeking representation |
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email counsel |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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PRIMARY WEBSITE |
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| GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2004 -
All Rights Reserved - Document Revised
July 15, 2010
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Topical Website Initial Publication Date: January 29, 2004- Republication Date:
May 24, 2006 |
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Serving Colorado Springs
Area Zip Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
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