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  #1  
Old 10-29-2008, 03:42 PM
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Question

Affidavit of Abandonment?

What is the name of your state (only U.S. law)? Colorado

The biological father of my step-daughter very infrequently pays child support. While he does make a payment every 4-5 months, he continues to fall thousands of dollars behind. My wife and I would like me to adopt her so that she can remain with me should anything happen to my wife. Do we have sufficient eveidence to file an Affidavit of Abaondonment in Colorado based on him "failing wihtout cause to provide reasonable support for the child for a period of one year or more"? Thier divorce agreement stipulates that he can have visitation every other weekend only if it is supervised by his parents. I would be willing to include this right going forward, if he would agree to terminate his legal parenting rights. I doubt he would agree to this. Would you suggest trying to force his hand with the Affidavit of Abandonment, or do we even have a case?
  #2  
Old 10-29-2008, 03:46 PM
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Quote:
Originally Posted by cwallman81 View Post
What is the name of your state (only U.S. law)? Colorado

The biological father of my step-daughter very infrequently pays child support. While he does make a payment every 4-5 months, he continues to fall thousands of dollars behind. My wife and I would like me to adopt her so that she can remain with me should anything happen to my wife. Do we have sufficient eveidence to file an Affidavit of Abaondonment in Colorado based on him "failing wihtout cause to provide reasonable support for the child for a period of one year or more"? Thier divorce agreement stipulates that he can have visitation every other weekend only if it is supervised by his parents. I would be willing to include this right going forward, if he would agree to terminate his legal parenting rights. I doubt he would agree to this. Would you suggest trying to force his hand with the Affidavit of Abandonment, or do we even have a case?
No.

And you have no place to be "willing" to "allow" Dad to do jack. You also have NO call to be calling him the disrespectful term, "biological" father. He IS the father. You are NOT.
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  #3  
Old 10-29-2008, 04:26 PM
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Rather rude, but what shoudl I expect from a site like this....

"Biological father" is not a derogitory statement, but rather a factual one. Any grasp of the english language would tell you that.

It would be derogitory had I used it in conjunction with statements concerning his lack of any involvement in his daughters life, while I cook her meals, take her to school and sports, teach her, play with her, tuck her in at night, etc.

So yes, he is the "biological father", but I will take what I have any day.

My only concern is if anything should ever happen to her mother, at which point the court has the power to make a decision as to the placement of the child based on her best interests. I have NO DOUBT they will place her with me, just trying to make things easier now.

But again, thank you for reminding me why I have an appointment with a real lawyer, and was posting here for kicks...
  #4  
Old 10-29-2008, 04:32 PM
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Originally Posted by cwallman81 View Post
Rather rude, but what shoudl I expect from a site like this....

"Biological father" is not a derogitory statement, but rather a factual one. Any grasp of the english language would tell you that.
Anyone with a firm grasp of the English language would know to capitalize "English."

WE don't use the DEROGATORY TERM "biological parent" here. Period. Unless the adoption has already occurred.

Of course, anyone with a basic grasp of child psychology would know better than to slam on a child's parent, anyway. Teaches the child that s/he is at least half-horrible.
Quote:
Originally Posted by cwallman81
It would be derogitory had I used it in conjunction with statements concerning his lack of any involvement in his daughters life, while I cook her meals, take her to school and sports, teach her, play with her, tuck her in at night, etc.

So yes, he is the "biological father", but I will take what I have any day.
Pleasant.
Misspelt, but pleasant.
Quote:
Originally Posted by cwallman81
My only concern is if anything should ever happen to her mother, at which point the court has the power to make a decision as to the placement of the child based on her best interests. I have NO DOUBT they will place her with me, just trying to make things easier now.
Your lack of doubt is sadly mistaken.
You are what is termed a "legal stranger." You have no rights. You are not in line to "inherit" the child. Period. Anyone with a blood tie comes before you, STEPdad.
Quote:
Originally Posted by cwallman81
But again, thank you for reminding me why I have an appointment with a real lawyer, and was posting here for kicks...
If you weren't so rude, I would post the law for you to read.

But you are quite rude. So I'll let your "real lawyer" do it, for money.
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  #5  
Old 10-30-2008, 09:33 AM
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Quote:
Originally Posted by cwallman81 View Post
What is the name of your state (only U.S. law)? Colorado

The biological father of my step-daughter very infrequently pays child support. While he does make a payment every 4-5 months, he continues to fall thousands of dollars behind. My wife and I would like me to adopt her so that she can remain with me should anything happen to my wife. Do we have sufficient eveidence to file an Affidavit of Abaondonment in Colorado based on him "failing wihtout cause to provide reasonable support for the child for a period of one year or more"? Thier divorce agreement stipulates that he can have visitation every other weekend only if it is supervised by his parents. I would be willing to include this right going forward, if he would agree to terminate his legal parenting rights. I doubt he would agree to this. Would you suggest trying to force his hand with the Affidavit of Abandonment, or do we even have a case?
Thne father does pay child support (even though he is behind) and does see his daughter - I do not see any case whatsoever for abandonment...
  #6  
Old 10-30-2008, 09:45 AM
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$5 says he comes back and says that his lawyer told him we are all wrong and he is in the process of terminating the father's rights!
  #7  
Old 10-30-2008, 09:48 AM
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Why not have your wife present the father with the adoption papers?
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Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #8  
Old 10-30-2008, 10:47 AM
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Quote:
Originally Posted by cwallman81 View Post
What is the name of your state (only U.S. law)? Colorado

The biological father of my step-daughter very infrequently pays child support. While he does make a payment every 4-5 months, he continues to fall thousands of dollars behind. My wife and I would like me to adopt her so that she can remain with me should anything happen to my wife. Do we have sufficient eveidence to file an Affidavit of Abaondonment in Colorado based on him "failing wihtout cause to provide reasonable support for the child for a period of one year or more"?
No, dad (and note I say "dad"- as in, the one and only, NOT you) still pays CS, even if it's not consistent his payment of CS gives you NO case for abandonment.

Quote:
Thier divorce agreement stipulates that he can have visitation every other weekend only if it is supervised by his parents.
I would be willing to include this right going forward, if he would agree to terminate his legal parenting rights. I doubt he would agree to this.
Why on earth WOULD he agree to this? You can't TERMINATE rights and still have visitation allowed for the father! He would have no right to what "you" would agree to- and you at this point have JACK for legal standing.

Plus, way to confuse the child... can you imagine her saying "I have two daddies and a mommy?"

Quote:
Would you suggest trying to force his hand with the Affidavit of Abandonment, or do we even have a case?
NO. Because he didn't abandon the child. As was said, you could have your wife ask him nicely, but if he doesn't agree you will NOT be able to adopt. There is no way dad should sign an affidavit of abandonment though; it would be fraud as there is no case for abandonment here
  #9  
Old 10-30-2008, 11:35 AM
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Quote:
Originally Posted by Nativity View Post
$5 says he comes back and says that his lawyer told him we are all wrong and he is in the process of terminating the father's rights!
$10 says he comes back claiming it was already done
  #10  
Old 10-30-2008, 11:39 AM
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Quote:
Originally Posted by IsabellaSoriano View Post
$10 says he comes back claiming it was already done
$15 says he then rambles on about how awful and inaccurate our advice was, and how he didn't need our advice
  #11  
Old 10-30-2008, 04:43 PM
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Well then I definitely need to post to this thread and state that he is a legal stranger, dad has NOT abandoned the child and mom cannot will the child and he should have doubts. Thus repeating what has been said but to make sure the OG principle is in effect. That way you all collect on your bets. And I go soak in a hot bath.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


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