I have been living with my fiance' for over 5 years now and she has a son from a previous relationship. The son was about 18 months when they moved in with me. I love him he calls me dad he only seen his biological father 2 times between 18 months and the time he was 3 years old. His biological moved about 150 miles away shortly after my fiance' and him broke up. He had not paid child support regularly and finally the last 8 months or so he must have kept a job because the government has found him and started taken child support from his checks. After being out of his sons life nearly four years and completely out of town for nearly three years he is back in town and wanting to see his son. He says since he is paying child support he is entitled. I wanted to adopt the boy. My fiance' and I are considered common law married in the State of Colorado. What can I do? This guy denied paternity once until it was proven in court and has never shown any interest in this boys life. Now that the boy is 5 he wants to be a dad. I have been doing his job for him and I really don't want to just give that up since he has came back from his vacation from reality.

Ok, first, Colorado is one of a few states to still recognize common law marriage.

But that doesn't mean anything as long as the father does not want to relinquish his rights.

The only thing you have going for you is that child support will end if he allows you to adopt. Otherwise you are unlikely to get approval to adopt as long as the bio father refuses to allow it.

Thank you scottgem