Colorado Child Custody Legal Questions

No, you cannot terminate or relinquish your rights except in connection with an adoption of the child by someone else. Your belief that Colorado law doesn't allow visitation rights is wrong. Unless a court has found that you are a threat to the child, you can obtain parental rights and responsibilities. The geographic distance will obviously have an impact on how much involvement is practical, but it is possible. If you have not attempted to obtain parenting time rights, you need to do so if you wish to be involved in more than just financial support.... Read More

Apparently you were never married to the father and there has never been any judicial determination of his rights or a court approved parenting plan. If that is correct, you already have sufficient "sole custody" authority to move wherever you wish. However, if there is an existing court order establishing parental authority and responsibility, you probably need to get the court to modify the existing parenting plan to include approval for your planned move. The sole question for the court when the issue is presented will be what is best for the child in light of all the relevant facts and circumstances related to her relationship with the father. You need to consult an attorney who can more thoroughly discuss all the relevant facts and explain your options.... Read More

You apparently didn't hear the rest of what the judge said after "written". You probably need to contact the court clerk to get a clarification of what the judge intended to "write", but she probably said she would file a "written opinion" or a "written order" to explain her decision after spending more time thinking about what she would decide... Read More

You can "fight for" anything; the question is whether a "fight" will accomplish anything beneficial to the child. Since you don't indicate whether your "agreement for custody" has been approved as a court order, it isn't possible to advise you on what your options are concerning moving to another state. If there is a court order in effect, you need to get the court's approval and modification of the current parenting time plan. If there is no court order, there is probably nothing keeping you from moving. You need to arrange to talk directly to an attorney who can discuss all the relevant facts in order to properly advise you.... Read More

Nothing. Basically, a contempt citation is an order telling the person to come to court and explain what he/she has done or failed to do. Until he/she is served that order, neither you or the court can do anything. You should contact the local sheriff's office to have service attempted; generally, law enforcement personnel have more capability of finding people.... Read More

First, you need to get married; until that happens your boyfriend is not a "step-parent". In most CO courts there is an unwritten policy that you need to have been married (or at least living together) for at least a year to complete the adoption. A step-parent can petition the court for an adoption with the consent of both parents. If the father won't consent, or can't be found, the court can approve the adoption without his consent if there has been an abandonment or failure to provide financial support for the 12 months preceding filing the petition. You will have to convince the court that there has been a diligent effort to locate the father in order to have notice provided by publication.... Read More

You need to file for divorce now, before she has a chance to leave. Once the case is filed and papers served on her, both parties are prohibited from removing the child from Colorado without permission of the other parent or a court order authorizing the move. Until the case is started, however, your only remedy may be an attempt to have a court force her to return once you finally get around to filing.... Read More

If the case was before a magistrate, you have 14 days from the date of decision to file objections. If you explain your absence, the judge may give you another hearing. If it was before a judge, you have to go to the Court of Appeals, which is a more difficult process. You can also file your motion again.... Read More

First, he has to show a change of circumstances with you or the children since you obtained custody. If he shows that, the next issue is whether it is in the best interest of the children for you to have custody or him. If he files for custody, you need to obtain an attorney to assist you with presenting the evidence to show the court you should maintain custody.... Read More

Since you were apparently never married to your "girlfriend", in Colorado your only option is to file a petition for allocation of parental responsibilities in the District Court of the County were you are living. Until there is a court order specifically stating what your legal rights are, including any physical time with the child, you don't have any rights and she can pretty much do what she wants. See a lawyer for a better understanding of your options based on the actual current facts.... Read More

You need to consult the Legal Assistance Office at your home base for advice and assistance in seeking to postpone the proceedings under the Servicemembers Civil Relief Act of 2003. Then, you need to make every effort to find the funds necessary to retain a lawyer and find a lawyer willing to work with you on financial terms if you can't come up with a full retainer.... Read More

From the limited information you have provided it doesn't sound likely that the biological father could successfully object to the step-parent adoption. Once the adoption is final, he could not pursue any kind of custody case. In Colorado, the step-parent adoption case would not consider the question of custody. If he succeeds in challenging the adoption he would have to file a separate case for the allocation of parental responsibilities. If he files that case before the adoption is final, the adoption judge will probably delay the adoption case while the other case is pending, but that is not a foregone conclusion. You should consult an attorney who can better discuss the facts with you and give you a better understanding of your options based on those facts.... Read More

If there is no court order establishing parental rights and responsibilities, there is nothing to keep you from moving anywhere. If the putative father (i.e. someone who may be the bio-father but has not yet been judicially ruled to be the father with specific parental rights) has never been involved in maintain a relationship with the child there is nothing that requires you to get his permission and, obviously, the child will not suffer any loss from being denied a relationship the putative father apparently doesn't want.... Read More

No, you can only terminate parental rights as part of an adoption. You don't indicate whether there is any court order concerning the father's rights and responsibilities other than child support, so it isn't possible to know how much final decision making authority you may have. But, in any event upon the death of one parent the law generally favors the other parent over any nonparent. Your designation in a will is only a nomination, no matter what the circumstances, but if your nominee applies for court appointment and the father objects, the court will have to make a decision based on the best interests of the child.... Read More