step parent adoption

[matt0716]

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


Ok so my wife ( married in 2011 ) had a child with a previous man ( child born in 2009).He immediately rejected the child and had NEVER been a part of her life. They split ways when He found out she was pregnant. He was not there at her birth and is not even listed on the birth certificate. No visitation or child support had ever been made . not even any contact from him. The child does not even know he exists.

I am now starting the process of adopting the child whom I have been the only father figure to since 2010. She knows me as "Dad" and I am the only one she has ever had in her life.

As far as adoption is concerned, I know this falls under abandonment but with an abandonment case does the "biological father" ( do not be upset on my use of that term since in this case it is the only accurate term I know to use ) have to be served to hand his rights terminated or are they terminated by abandonment ? I am trying to figure out the most streamlined and best way to make her legally my child. My wife and I have a second child ( born in 2013) as well.

 

[LdiJ]

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


Ok so my wife ( married in 2011 ) had a child with a previous man ( child born in 2009).He immediately rejected the child and had NEVER been a part of her life. They split ways when He found out she was pregnant. He was not there at her birth and is not even listed on the birth certificate. No visitation or child support had ever been made . not even any contact from him. The child does not even know he exists.

I am now starting the process of adopting the child whom I have been the only father figure to since 2010. She knows me as "Dad" and I am the only one she has ever had in her life.

As far as adoption is concerned, I know this falls under abandonment but with an abandonment case does the "biological father" ( do not be upset on my use of that term since in this case it is the only accurate term I know to use ) have to be served to hand his rights terminated or are they terminated by abandonment ? I am trying to figure out the most streamlined and best way to make her legally my child. My wife and I have a second child ( born in 2013) as well.

A stepparent adoption is something that really requires an attorney. There are too many things that can go wrong without one. An adoption attorney can best advise you as to whether or not it would be necessary to serve any possible father.

 

[Ohiogal]

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


Ok so my wife ( married in 2011 ) had a child with a previous man ( child born in 2009).He immediately rejected the child and had NEVER been a part of her life. They split ways when He found out she was pregnant. He was not there at her birth and is not even listed on the birth certificate. No visitation or child support had ever been made . not even any contact from him. The child does not even know he exists.

I am now starting the process of adopting the child whom I have been the only father figure to since 2010. She knows me as "Dad" and I am the only one she has ever had in her life.

As far as adoption is concerned, I know this falls under abandonment but with an abandonment case does the "biological father" ( do not be upset on my use of that term since in this case it is the only accurate term I know to use ) have to be served to hand his rights terminated or are they terminated by abandonment ? I am trying to figure out the most streamlined and best way to make her legally my child. My wife and I have a second child ( born in 2013) as well.

The putative father needs to be served. And a John Doe posting needs done as well. Your wife should have established paternity. How does the biological father know that is true? And you are NOT "dad". Get an attorney.

 

[Silverplum]

I did so much research to get exact statutes I'd forgotten, I timed out!

There is no "abandonment." CS 19-5-03 and 19-4-105.