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Phone: 303-730-8477

Stepparent Adoptions

Stepparent adoption is the most common type of adoption procedure and is often the easiest to complete. Like many other states, Colorado waives steps required in other adoptions. The stepparent must, however, prove they are fit to act as a parent and are willing to assume all legal and financial responsibility for the child.

Stepparent adoptions in Colorado

In Colorado, the stepparent adoption process is as follows:

  • The stepparent must file a petition for adoption
  • The stepparent’s spouse must file his or her approval of the adoption
  • If over the age of 12, the child must give their permission
  • The noncustodial parent must file his or her consent
  • The degree of adoption is granted by the court

Getting consent from the noncustodial parent

The most difficult part of a stepparent adoption is usually gaining the consent of the noncustodial parent. Such consent is never taken lightly; the noncustodial parent permanently gives up all parental rights to a child if he or she agrees to the adoption.

It is important to discuss with your former spouse whether or not they will still be a presence in the child’s life—before permission is given. There are two potential courses of action regarding consent:

  • If the noncustodial parent consents to the adoption, he or she must notify the court before adoption proceedings can continue.
  • If the noncustodial parent refuses to give their consent, a court showing must occur to prove that it is in the child’s best interests to terminate parental rights. The parent with custody and the stepparent must prove that the noncustodial parent has abandoned the child or has failed to provide support for at least a year.

Aid in Colorado stepparent adoptions

Throughout her legal career, Dorothy H. Tomasetti, Attorney at Law, has helped many families in Littleton and the surrounding areas successfully complete stepparent adoptions. Dorothy takes the emotional well-being of the child and the family unit as a whole into consideration in every case she accepts. She supports her clients throughout the adoption process and makes sure each party has a clear understanding of the legal ramifications of stepparent adoption.

To discuss stepparent adoption for your family, contact Dorothy today to arrange a consultation.

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