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    mommyof6cuties's Avatar
    mommyof6cuties Posts: 15, Reputation: 1
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    #1

    Nov 12, 2009, 08:10 PM
    Step parent Adoption and the laws
    I posted before about starting the adoption process and have contacted another attorney other than the one I spoke with before. The current attorney says that he has to voluntarily sign over his rights. However I was looking up some things and came across this, and I would like to know if this is only for BOTH parents or if I can bring this up with the attorney. For some back info. My daughter has not had any contact with her bio father in 7 years, he pays child support randomly(I know it doesn't matter), My husband has been supporting us for the last 7 years, he is her "daddy" and takes care of everything for her. He even has her on his Insurance. I have underlined the ones that I am questioning, if someone could please let me know if those could apply in our case. :confused:

    Grounds for Termination of Parental Rights Colorado
    Statute: § 19-3-604

    Circumstances That Are Grounds for Termination
    Abandonment or Extreme Parental Disinterest
    Abuse/Neglect
    Mental Illness or Deficiency
    Alcohol or Drug Induced Incapacity
    Felony Conviction/Incarceration
    Failure of Reasonable Efforts
    Abuse/Neglect or Loss of Rights of Another Child
    Sexual Abuse
    Failure to Maintain Contact
    Child Judged in Need of Services/Dependent
    Child's Best Interest
    Child in care 15 of 22 months (or less)
    Felony assault of child or sibling
    Murder/Manslaughter of sibling child

    Circumstances That Are Not Grounds for Termination

    Failure to Provide Support
    Failure to Establish Paternity
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #2

    Nov 12, 2009, 08:41 PM

    It would be up to the court to decide that. You can talk to the attorney and see if he thinks it's worthwhile to try and make a case of any of them. But it's ultimately up to the judge. YOU cannot force him to give up his rights. A judge would have the power to terminate his rights. But there is no guarantee that they will.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 12, 2009, 09:01 PM

    So where on the list do you see any right to take his "rights" away, and that is still not to allow adoption.

    Each time they pay support that is considered "contact" not seeing the child is abandoment.

    You are just wanting something that is not going to happen unless the bio father agrees.

    I would start by really going after support, get him put in jail for non support, garnish his pay, then he may be a lot more willing to sign over rights

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