QUESTION
How likely it would be that my husband would gain custody of my son if we went to court for a stepparent adoption?
Asked on Sep 17th, 2012 on Child Custody - Colorado
More details to this question:
My son is 4, almost 5 and he hasn't seen his biological father since July 20, 2011. His father and I have been separated since March 2010. He hasn't provided any support, not even gas money. He doesn't have a car so when he was seeing him I always picked him up and dropped him off. He saw him 3 times in 2011 and they were on his terms and weren't on any kind of schedule. My son recognizes my husband as his dad. He calls rarely to say hi and tell me if he has a job or not. He usually doesn't keep them for long and always promises that he will give me something but never does.
1 ANSWER
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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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.
Answered on Sep 21st, 2012 at 12:56 AM