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mommyof6cuties · Jun 7, 2009, 07:45 PM

I have an 8 year old daughter from a previous relationship. Her bio father has only seen her 8 times and has not seen her since she was 9 months old but does have court ordered supervised visitation. He has never used that visitation. He was ordered to pay child support but that varies if it is paid or not. It has not been paid for the last 4 months, but I know that the cut off is 6 months.

My husband and I have been married for 7 years and we would like for him to adopt her. He has taken care of her in every way for the last 7 years and we would like to make it legal. We have 5 children together.

We talked to one attorney last year and she said that we could have his rights terminated for emotional abandonment.

What I need to know is, is this something that we can do on our own or would it be best to hire an attorney? Can we start the process and see where it takes us?

Thank you for taking the time to read this and respond.

mommyof6cuties · Jun 7, 2009, 07:49 PM

Sorry I forgot to add that we live in Colorado.

stinawords · Jun 7, 2009, 09:00 PM

No you can not do this on your own. All adoptions require a lawyer to draw up the papers. Is the bio father willing to allow the adoption? If he is then it will go much smoother, if not you will have to battle it out in court to convince the judge as well. I'm not saying it can't be done but it is always much easier if the other parent wants the same thing.

mommyof6cuties · Jun 7, 2009, 09:44 PM

I have not had contact with her bio father since the last time he saw her. I have no idea how to reach him or even where he is at. I am not sure if he would be willing to sign over his rights. I tried to contact him about a year ago because I need his signature to get my daughter some counseling but I can't find him. His family will not return my calls and I don't know what else to do.

stevetcg · Jun 8, 2009, 03:36 AM

Originally Posted by mommyof6cuties

I have not had contact with her bio father since the last time he saw her. I have no idea how to reach him or even where he is at. I am not sure if he would be willing to sign over his rights. I tried to contact him about a year ago because i need his signature to get my daughter some counseling but i can't find him. His family will not return my calls and i don't know what else to do.

You get a lawyer. His family might not return your calls, but when a sherriff shows up with a warrant because he hasn't paid child support, I bet they answer HIS calls.

stinawords · Jun 8, 2009, 07:48 AM

Since you will need a lawyer anyway just get one now and ask him/her to send the bio father a notice that you want him to agree to the adoption. The child support office has to have his address on file (is supposed to anyway) so it really shouldn't be a big deal getting a letter to him.