Ohiogal
Queen Bee
Are you sure that abandonment can be cured in Colorado. In some states it cannot. I am looking and thus far I have found this:No, but if the father reenters the child’s life that could kill the abandonment claim and doom the adoption if the father does not want to consent to adoption.
Frankly, I’m highly skeptical that having a guardian versus adoptive parent would make any difference in damages. Either way there is an adult there who fills the role of caring for and supporting the child. The label you put on it does not make a difference. I don’t see most Colorado jurors compensating the child more over that. I certainly wouldn’t give an extra penny over the difference in labels. What matters is what the child has lost compared to what the child now is receiving, whatever label you put on the child’s new caretakers.
http://www.lawfirmnewswire.com/2012/02/colorado-court-rules-child-abandonment-must-be-intentional/
Petition of Martensen, 129 Colo. 125, 267 P.2d 658 (1954)
Supreme Court of Colorado
March 1, 1954
267 P.2d 658
129 Colo. 125
This is still good case law and discusses abandonment but I am not finding a case that says it can be cured.
In re Petition of J.A.V., 206 P.3d 467 (1 2009)
Court of Appeals of Colorado, First Division
March 5, 2009
206 P.3d 467
Petition of D.L.M., 703 P.2d 1330 (1985)
Court of Appeals of Colorado, First Division
June 6, 1985
703 P.2d 1330
Though this case in dicta could mean something regarding it: In re N.B., 199 P.3d 16 (5 2007)
Court of Appeals of Colorado, Fifth Division
September 6, 2007
199 P.3d 16
If you have something that says abandonment for more than a year can be cured, could you share it with me? /no snark/ That is a sincere question.