QUESTION
What do we have to do so my boyfriend can adopt my son? My son's biological father was never in the picture but is on birth certificate.
Asked on Oct 09th, 2012 on Child Custody - Colorado
More details to this question:
My boyfriend and I are planning to get married soon he has been in my child's life since he was 7 months. Now he is 2 years and 4 months. My son's father has never been in his life but is on the birth certificate. We tried looking for him but no luck. So we were wondering what we have to do next? We are in Colorado.
1 ANSWER
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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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.
Answered on Oct 11th, 2012 at 1:23 AM