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Thread: Giving up parental rights in Colorado

  1. #1
    rickglennbaker is offline Junior Member
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    Giving up parental rights in Colorado

    I have two children in Colorado, 9 and 11. Their mother has never supported the kdis having a relationship with me, their father. I currently have no relationship with them. How do I go about relinquishing my parental rights?
  2. #2
    Ohiogal is offline Senior Member
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    Were you married to mom when the children were born? If not married was paternity ever established? What do any court orders say regarding visitation? Have you ever gone for visitation through the court? Have you enforced the court orders?
  3. #3
    rickglennbaker is offline Junior Member
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    we were never married. paternity established. court orders have given me visitation, but court has always refused to enforce orders for her. my court appointed parenting cordinator resigned because judge refused to accept any of her recommendations or enforce his own orders to her.
  4. #4
    LdiJ is online now Senior Member
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    Unless she is married and her husband wants to adopt the children you honestly can't relinquish your parental rights. Or rather, you can, but you can't relinquish your parental responsiibilities (child support).
  5. #5
    rickglennbaker is offline Junior Member
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    my colorado attorney said i could. what am i missing?
  6. #6
    Ohiogal is offline Senior Member
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    IN order to relinquish your rights there needs to be someone to adopt.


    RELINQUISHMENT STATUTE
    Birth Parent's Relinquishment Affidavit

    CRS 19-5-103. Relinquishment procedure - petition - hearings.
    (1) Any parent desiring to relinquish his or her child shall:
    (a) Obtain counseling for himself or herself and the child to be relinquished as the court deems appropriate from the county department of social services in the county where such parent resides or from a licensed child placement agency, and, if the petitioner has not received the counseling required by the court, the petition shall be continued until counseling is obtained, and the petitioner shall be referred to counseling by the court;
    (b) (I) Petition the juvenile court upon a standardized form prescribed by the judicial department giving the following information: The name of both natural parents, if known; the name of the child, if named; the ages of all parties concerned; and the reasons for which relinquishment is desired.
    (II) The petition shall be accompanied by a standardized affidavit of relinquishment counseling prescribed by the judicial department that includes:
    (A) A statement indicating the nature and extent of counseling furnished to the petitioner, if any, and the recommendations of the counselor;
    (B) A copy of the original birth certificate or a copy of the application therefor; and
    (C) A statement disclosing any and all payments, gifts, assistance, goods, or services received, promised, or offered to the relinquishing parent in connection with the pregnancy, birth, or proposed relinquishment of the child and the source or sources of such payments, gifts, assistance, goods, or services.
    (1.5) (a) Pursuant to the provisions of section 19-1-126, the petition for relinquishment shall:
    (I) Include a statement indicating whether the child is an Indian child; and
    (II) Include the identity of the Indian child's tribe, if the child is identified as an Indian child.
    (b) If notices were sent to the parent or Indian custodian of the child and to the Indian child's tribe, pursuant to section 19-1-126, the postal receipts shall be attached to the petition and filed with the court or filed within ten days after the filing of the petition, as specified in section 19-1-126 (1) (c).
    (2) The counseling specified in paragraph (a) of subsection (1) of this section and provided by the department or the child placement agency shall include, but not be limited to, the following:
    (a) Information to the relinquishing parent concerning the permanence of the decision and the impact of such decision on the relinquishing parent now and in the future;
    (b) Information concerning each parent's complete medical and social histories;
    (c) In the case of pregnancy, referral of the woman for medical care and for determination of eligibility for medical assistance;
    (d) Information concerning alternatives to relinquishment and referral to private and public resources that may meet the parent's needs;
    (e) Relinquishment services necessary to protect the interests and welfare of a child born in a state institution;
    (f) Information to the child's parent that if he or she applies for public assistance for himself or herself and the child, he or she must cooperate with the child support enforcement unit for the establishment and enforcement of a child support order; and
    (g) The confidentiality of all information, except for nonidentifying information as defined in section 19-1-103 (80) that may be accessed as provided in part 4 of this article, obtained by the department and the child placement agency in the course of relinquishment counseling unless the parent provides written permission or a release of information is ordered by a court of competent jurisdiction. The counseling shall also include notice that a birth parent has the opportunity to file a written statement specifying that the birth parent's information remain confidential and an explanation of the rights and responsibilities of birth parents who disagree about consent as set forth in section 19-5-305 (2).
    (3) Upon receipt of the petition for relinquishment, the court shall set the same for hearing on the condition that the requirements of subsection (1) of this section have been complied with by the petitioner.
    (4) (a) The parent-child legal relationship of a parent shall not be terminated by relinquishment proceedings unless the parent joins in the petition.
    (b) The relinquishing parent, child placement agency, and county department of social services shall provide the court any and all information described in section 19-1-103 (80) that is available to such relinquishing parent, agency, or county department.
    (5) The court shall not issue an order of relinquishment until it is satisfied that the relinquishing parent and the child, if determined appropriate by the court, have been counseled pursuant to subsection (1) of this section and this subsection (5) and fully advised of the consequences of the parent's act. The court may order counseling for any age child to be relinquished if the court deems such counseling would be in the child's best interests. The court may order that a child younger than twelve years of age be prepared for relinquishment, termination of parental rights, or adoption.
    (6) If the court finds after the hearing that it is in the best interests of the child that no relinquishment be granted, the court shall enter an order dismissing the action.
    (7) (a) The court shall enter an order of relinquishment if the court finds after the hearing that:
    (I) The relinquishing parent or parents and any child that the court directed into counseling have been counseled as provided in subsections (1) and (5) of this section; and
    (II) The parent's decision to relinquish is knowing and voluntary and not the result of any threats, coercion, or undue influence or inducements; and
    (III) The relinquishment would best serve the interests of the child to be relinquished.
    (b) There shall be a rebuttable presumption that a relinquishment would not be in the child's best interests if the child is twelve years of age or older and objects to the relinquishment. (8) If the court is not satisfied that the relinquishing parents and the child, if twelve years of age or older, have been offered proper and sufficient counsel and advice, it shall continue the matter for such time as the court deems necessary.
    (9) (a) The court may appoint a guardian ad litem to protect the interests of the child if:
    (I) The court finds that there is a conflict of interest between the child and his or her parents, guardian, or legal custodian;
    (II) The court finds that such appointment would be in the best interests of the child; or
    (III) The court determines that the child is twelve years of age or older and that the welfare of the child mandates such appointment.
    (b) Reasonable fees for guardians ad litem appointed pursuant to this subsection (9) shall be paid by the relinquishing parent or parents; except that, in the case of an indigent parent or parents, such fees shall be paid as an expense of the state from annual appropriations to the office of the state court administrator.
    (10) The court may interview the child in chambers to ascertain the child's wishes as to the relinquishment proceedings. The court may permit counsel to be present at such an interview. The court shall cause a record of the interview to be made, and it shall be made a part of the record in the case.
    (11) The court may seek the advice of professional personnel whether or not said personnel are employed on a regular basis by the court. Any advice given by professional persons shall be in writing and shall be made available by the court to attorneys of record, to the parties, and to any other expert witnesses upon request, but it shall be considered confidential for any other purposes, shall be sealed, and shall not be open to inspection except by consent of the court. Attorneys of record may call for the cross-examination of any professional persons consulted by the court.
    (12) The provisions of this section, including but not limited to relinquishment counseling, notification, and the relinquishment hearing, shall apply in any case involving a child in Colorado or for whom Colorado is the home state as described in section 14-13-102 (7), C.R.S., including any case in which it is proposed that the child to be relinquished will be relinquished or adopted outside the state of Colorado.
  7. #7
    rickglennbaker is offline Junior Member
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    thank you so much for your help. i will review. i do appreciate it.
  8. #8
    rickglennbaker is offline Junior Member
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    my parenting coordinator told me of one of her cases where the father gave up his rights and only had to go to counseling.

    my reason for thinking this is the mom has continued to damage the kids by not allowing me contact with them even though court orders demand it. each time i go to court, the judge slaps her hand and asks me about my child support and health insurance for the kids. my last hearing, last week, the judge called himself to demand that the mom answer why the kids are not calling me three times a week as he ordered. they are averaging once per month. she immediately said she couldn't afford it because i am not paying my child support. a lie. i am current and have paid $800 per month minimum for six years. the judge kept nailing me about the support and i finally told him to go online to fsr and that would prove it am current. he did and the hearing was over. never held her accountable for contempt on all his orders.
    i think it best for my kids that i just leave the picture. they are the only victims here and especially when she is angry about having to go to court.
  9. #9
    ceara19 is offline Senior Member
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    Quote Originally Posted by rickglennbaker
    my parenting coordinator told me of one of her cases where the father gave up his rights and only had to go to counseling.

    my reason for thinking this is the mom has continued to damage the kids by not allowing me contact with them even though court orders demand it. each time i go to court, the judge slaps her hand and asks me about my child support and health insurance for the kids. my last hearing, last week, the judge called himself to demand that the mom answer why the kids are not calling me three times a week as he ordered. they are averaging once per month. she immediately said she couldn't afford it because i am not paying my child support. a lie. i am current and have paid $800 per month minimum for six years. the judge kept nailing me about the support and i finally told him to go online to fsr and that would prove it am current. he did and the hearing was over. never held her accountable for contempt on all his orders.
    i think it best for my kids that i just leave the picture. they are the only victims here and especially when she is angry about having to go to court.
    Although what mom is doing is WRONG and she has no right to interfere with your relationship with the kids unless you are somehow a danger to them, I just have to ask, as a parent, how can you justify punishing the CHILDREN because mom is being a bitch?

    Honestly, I have never understood that mentality. Even if I were never again allowed to have ANY contact with my kids, I would still want to know that I did every single thing I could to make sure that they had everything they needed, like food, clothes, a roof over their heads.
  10. #10
    rickglennbaker is offline Junior Member
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    even if the majority of support goes to further the corrupt lifestyle of the mom and not the kids?
  11. #11
    stealth2 is offline Senior Member
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    Quote Originally Posted by rickglennbaker
    even if the majority of support goes to further the corrupt lifestyle of the mom and not the kids?
    And you know this is so.... how?

    What have YOU done to build your relationship with the kids, and to have the orders enforced?
  12. #12
    rickglennbaker is offline Junior Member
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    stealth:

    I have spent the last 11 years of my life doing everything in my power. Along the way, I have been falsely accused of felony stalking of their mother, had a restraining order issued against me based on false statements to the police, that the judge now acknowledges but according to statute cannot remove. I have paid in excess of $150,000 in child support, another $80,000 in medical bills and all I have ever wanted was to have a relationship with my children. According to the latest court order, the mother is supposed to have the children call me three times a week. They are averaging once per month since March. When I sent a PSP to my son for his birthday, the mother pawned it the next day and accused my nine-year-old son of losing it.

    When I finally saw my kids last summer, the first thing they asked was why I didn't pay child support for "the past four years?" I showed them my FSR statement and they said, "you mean mommy lied?"

    Maybe I should have given you some of this background so that you would not have judge me based on your own biases?

    Why don't you tell me what else I can do that I have not done already. I am sure teachable.

    The reason I am entertaining walking away is because the mother makes it very difficult on our kids when they want to be with me or call me. "It's time to call your f+*&%$# dad"! she says.

    Maybe you should read "The Twenty-five Year Legacy of Divorce before you jump any further.
    TheTwoGoodOnes likes this.
  13. #13
    stealth2 is offline Senior Member
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    Quote Originally Posted by rickglennbaker
    Maybe I should have given you some of this background so that you would not have judge me based on your own biases?
    Uuuh - where did I judge you? All I asked what you've done to build the relationship and enforce the current orders. You have no idea what my biases may or may not be.

    You also didn't answer how you know that the CS is not being spent on the kids.

    You stated that you have no relationship with them, yet now say you saw them last summer and speak with them at least once a month. Nor did you answer what you have done to have the order enforced - have you filed contempt when she refuses to obey it?

    Quote Originally Posted by rickglennbaker
    Maybe you should read "The Twenty-five Year Legacy of Divorce before you jump any further.
    Maybe you should scale back your attitude if you expect help.
  14. #14
    rickglennbaker is offline Junior Member
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    The state of co determines that the total $ needed for two kids, 9 and 11 is $510 per month. I pay $800. Her lifestyle is known well in a small town, drugs, parties, drinking. she recently had a party at her home while the kids slept and passed out dildos for all present.

    when i state that i have no relationship with them, i define "relationship" as more than a 5 min phone call once a month. would you be content with that? i cannot call them as a result of the bogus restraining order, i cannot go to their school functions because of same.

    I have filed numerous contempt citations, always heard by same judge. never, has he held her in contempt. always, he has slapped her wrists and told her to do what the order says. ususally giving her 60 days to comply, when she had not complied for the previous 180.

    according to the justice department, since 2000, 26 million fathers have been "forcibly" removed from their children by a corrupt family court system. you don't seem interested in giving me advice. why is that?
  15. #15
    rickglennbaker is offline Junior Member
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    sorry. it's just that i have fought with all my being for so many years and everyone seems to have an opinion of what i should or should have done and yet they have no idea how my heart is broken over and over again. i have never used our children as pawns and will gladly step out of the picture if it is beneficial to my children. that's why i was considering relinquishment. i just don't want them damaged any more.

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