QUESTION
Can adoption process bestarted by father even if mother hasn't given up her rights?
Asked on Mar 31st, 2018 on Child Custody - Colorado
More details to this question:
My daughter's father wants me to give up my parental right to our daughter since I haven't had contact with her in about 8 years since she wants nothing to do with me and he wouldn't let me see her. He wants his current fiance to adopt her and since it is her best interest I am willing to give up my rights. Can he start the adoption process without me going and filing to give up my rights or do I have to start that process myself? Thought he could file to try and get me to give my rights up or it could happen thru him starting the adoption process for our daughter live in Colorado and he lives in Utah.
1 ANSWER
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Stephanie E. Emanuel, Esq.
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Out of state cases are really nerve wrecking and complicated. As long as you and him both agrees to forego your parental rights, and the fiance is up for taking over as an adoptive parent, they can start the process and pay the court-litigation fees. Once they file their paperwork in court, you will be served, and you can either respond to it, contesting it or you can agree to it, and sign it off. It is better to go over your rights and options with an attorney before you sign or decide anything. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.
Answered on Apr 01st, 2018 at 6:35 PM