Stepfather Wants to Adopt his Step-Child

**david6789** · 02-07-2005, 03:56 PM

Ok I will try to make this as short as possible!

I married wife 5 years ago. She had a 2 yr old at the time. I raised her as my own daughter and I love her deerly. Her biological father isnt known and no contact sense pregancy. Wife gets on drugs and marrage is over. I am now the custodial parent/adult. Ex-wife has supervised visitation 2 hours a week. She showed up 2 times all of 2004. I want to adopt daughter (step daughter). But I am not biologically related. How hard is this going to be? Any advise? Things to read up on? Please any and all info PLEASE I am not sure what to do. I dont have much if any money to get a lawyer

Dave

I am scared that one day she will take my daughter away. I fear this more then anything.

**Anonymous** · 02-07-2005, 08:35 PM

Your situation is a bit unclear - do you actually have court-ordered custody, or is your custody by virtue of your ex's leaving your daughter with you? If it is the latter, you should consider obtaining a guardianship of your daughter, as otherwise your wife can simply pick her up, take her away, and deny you access. The guardianship would give you legal rights, and would likely involve an order requiring that your ex- meet specific requirements (e.g., sobriety, establishment of a stable residence) before she can regain custody.

Under these facts, if your ex- is willing to consent to an adoption, she can voluntarily relinquish her parental rights and permit you to adopt. (Note, however, that there are legally mandated steps she must take as part of voluntarily relinquishing her parental rights, including counseling for herself and the child. Also, if you are not already protected by a court order and propose adoption before you have a legal guardianship in place, you may scare her into taking the child.)

**david6789** · 02-07-2005, 09:21 PM

The judge in the divorce continued the perm restraining order with regards to visitation and housing situation. I got a perm restraining order against my ex for DV assault. Back when we where married my ex wanted me to adopt my stepdaughter and even wrote a later to the courts stating this. I still have this letter. My ex wife, I believe, is in no condition to care for either of the kids. She was/is addicted to Meth and Crack last time I heard. She hasn’t gone to any program to help her with this. In the year or so sense she left (divorce was 6 months ago) she has been arrested and convicted on 5 misdemeanors and 2 felonies. She is currently on felony probation (which she has violated once already).

Given the facts above would the guardianship be the best way to go? Perhaps a stepping-stone to full adoption. Thanks in advance for your help

Dave

**Anonymous** · 02-08-2005, 06:29 AM

David,

A guardianship is probably a good approach. You may wish to consult with an area law school, to see if they have a clinical law program that can assist you, or with legal aid, to see if you qualify for their help or if they can recommend an attorney for you.

**david6789** · 02-08-2005, 07:18 AM

Thanks very much.

Dave

**david6789** · 02-10-2005, 07:11 AM

Unfortunally everyone wants money from me to help with the guardianship. Can you suggest or help me find a resource online that outlines and defines the legal guardianship laws in colorado.

I was thinking I could make a motion on the divorce court case # so I wouldnt have to pay filing fees again. It should be under the jusidiction of the divorce judge?

In the last 13 months my Ex wife has shown 3 times for supervised visitation. I feel now is the time to try and get guardianship before she get a lawyer or tries to get the kids back.

Thanks in advance
Dave