| When your husband files the petition to adopt, the biodad (if found), will be given the chance to contest or consent to the adoption. If he agrees, then his rights will be terminated and the adoption process will begin. If he fights the adoption, then you will ask the court to terminate his rights due to abandonment, lack of interest, failure to support, and failure to maintain visitation.
You can file for termination only, but the courts will be quicker to grant it if there is an adoption in the works.
The termination & adoption cases are two separate issues. You may have both cases going on at the same time in front of different judges. This happened in our stepparent adoption and one case was transferred to another court and both were handled by the same judge simultaneously.
You file in your current state of residence (Colorado).
You should go for a consultation with a good family attorney. It may be free, it may cost $100. This can be a stressful situation, but biodad has absolutely no ammunition with which to fight you. |