QUESTION
Can I have my ex-spouse's parental rights to our adopted daughter terminated?
Asked on Oct 29th, 2012 on Child Custody - Colorado
More details to this question:
My daughter was adopted in Colorado in 2009 from foster care. She was 4. Since then we have divorced and he stated he never wanted to adopt her and didn't feel like he should be financially responsible for her. Now she is 7, almost 8. I haven't allowed him to speak to her because 1) his statement, and 2) he makes empty promises to her, i.e. he tells her he is sending gifts but never does. He has not seen her since about 6 months after the adoption. I did not file for child support because I didn't want to be forced to allow him to see her because he does not consider her emotions and how empty promises affect her. Being from foster care, she experienced a traumatic beginning, so her emotions are delicate. I'm now engaged, and she sees my fiance as her dad. He wants to adopt her when we get married. Last important tidbit of information: the adoption took place in Colorado; however, due to military moves, I now live in VA, and my ex lives in Texas.
1 ANSWER
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You will need to consult an attorney in VA to determine what VA law requires as to a step-parent adoption. In Colorado, and most states, you cannot unilaterally terminate a parent's rights. It can only be done in connection with an adoption. A step-parent adoption in CO can be accomplished over the other parent's objection if the court is convinced by competent evidence that the parent failed to provide financial support or abandoned the child for 12 months preceding the petition to adopt, without just cause. Your apparent refusal to allow the father access and failure to pursue child support in order to prevent being forced to allow access might be an indication of just cause if the father now decides to challenge the adoption.
Answered on Oct 29th, 2012 at 5:43 PM