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There are other pre-requisites to a step-parent adoption involving either
non-payment of support or abandonment of the child by the other birth parent for
a period of at least one year.
When the court issues its final decree of adoption it must also issue an
order terminating the other parent's parental rights at that time.
Requirements for Adoption
Notice
Notice shall be given to the birth parents upon the filing of the Petition for
adoption, notifying them of who is filing for adoption and of the time and place
for a hearing.
Hearing
A hearing date is set and will be held after all pre-requirements have been
completed.
Other Requirements
There are other requirements in custodial and kinship adoptions as well,
including a criminal records check, consultation with the department of social
services and possibly an abbreviated home study and or evaluation.
Custodial Adoption
A “custodial” adoption is an adoption where the person (and their spouse if
they are married) adopting the child has been awarded custody or allocated
parental responsibility by a court of law in a dissolution of marriage, custody
or allocation of parental responsibilities proceeding, or has been awarded
guardianship of the child by a court of law in a Probate court
AND
has had physical custody of the child for a period of one year or more.
"Kinship Adoption"
“Kinship adoption” means an adoption of a child by a relative of the child
(and such relative's spouse, if they have one) who is either a grandparent,
brother, sister, one half sibling, aunt, uncle or first cousin AND has had
physical custody of the child for a period of one year or more and the child is
not the subject of a pending dependency and neglect proceeding.
The birth parent or parents must have abandoned the child for a period of one
year or must have failed to provide support (without cause) for a period of one
year or more.
Pioneers in Adoption
Kurtz & Peckham pioneered the early kinship adoption cases, drafting
specific forms accepted in Colorado District Courts for these adoptions. These
are some of our favorite cases as we feel we can really make a positive
difference in the lives of children and families enabling abandoned or
unsupported children to be a part of a caring, responsible family, to whom they
are already related or bonded.
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