I have an 8yo daughter (almost 9) from a previous marriage. My ex husband has only seen her once in the last 5 years. I have full custody and there is a child support order. He is about $12,000 behind not having made a payment in more than a year. Before that, he maybe made a payment 6 times a year. I have no idea where he lives and the only phone number I have for him was disconected the last time I tried it. Occasionally his family will let me know that he is around but never tell me an address. I know there is a warrant for arrest out for him and the Family Support Registry told me he no longer has a drivers license. My question is can my current husband adopt my daughter if we can't find the ex? My daughter knows of the situation and wants the adoption as well. She has called my current husband "Daddy" since she was two and wants his name.

We live in Colorado.

You will need an attorney, proper attempts according to local courts rules will have to be made to locate him. The court will normally allow notification by publication if they can not be found using the rules the court has for searching. Example the court may order another family member to give his address if known, It will depend on your local court.

If he can be found he will be served notice to respond, and attempt will be made to get him to sign over his rights.

If he can not be found, then according to the rules of the state, the attorney will prove it is in the child's best interest to allow the adoption.