Guardianship vs. Adoption
When a close family member or another party assumes guardianship of a child, it is not legally permanent and binding. The child’s biological parent still has parental rights. Adoption, on the other hand, is legally permanent, and once the biological parent’s rights are relinquished, the natural parent cannot take those rights back.
Grandparent Adoptions
Under Colorado Law, if a child’s parent passes away or cannot properly care for and parent a child, the court can provide the child’s grandparent or another eligible party with parenting time, visitation, or custody of the child. The individual must be over the age of 21, have a home that they either rent or own, must successfully pass a background check, and be a resident in the state of Colorado.
That being said, like stepparent adoptions, grandparent adoptions can be a complex process that usually requires the help of a knowledgeable family law attorney.
The Colorado Adoption Process
Under Colorado Law, for a child to be legally eligible for adoption, the child’s biological parents must first relinquish their parental rights, or the court must terminate the biological parent’s rights.
Then, there are several requirements that the adopting parent must fulfill. The adopting parent must:
- Be at least 21 years or older
- Have a stable residence, whether rented or owned
- A resident of Colorado
- Be able to pass background checks
Stepparent Adoptions
Stepparents can adopt a stepchild in Colorado if the child’s biological parent relinquishes their rights, or the court terminates the natural parent’s rights. The biological parent must pay off all back-owed child support, but otherwise, ceases all obligation to pay future child support.
Ideally, the stepparent adoption process would go uncontested. However, there are some cases where a child’s biological parent may not agree with an adoption and may contest it. If the child’s natural parent has not been involved in the child’s life for quite some time, the court may terminate the parent’s rights to the child involuntarily and grant a stepparent adoption if it is in the best interest of the child.
Stepparent adoption is a complex process, but with an experienced attorney by your side, you can be confident that the process will go smoothly.
Adoption & Guardianship Attorneys in Colorado Springs
The adoption process can be incredibly rewarding and fulfilling. However, if you are thinking about adopting a child or requesting guardianship, there are several legal hurdles you may face.
At The Gasper Law Group, we understand adoption and guardianship are complex issues. Our knowledgeable attorneys are here to protect your rights and make sure the adoption process goes smoothly for your family.
If you are considering adopting or requesting guardianship, and have questions, contact our family law attorneys in Colorado Springs today to schedule a consultation.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Contact Our Experienced Family Law Attorneys Today
If you are considering adopting or assuming guardianship of a child, the experienced attorneys at Gasper Law have over 20 years of experience in representing stepparents, grandparents, and other parties in adoptions, and are here to help you navigate Colorado’s complex adoption laws and make sure that your rights are protected.
For help with your adoption or guardianship case in Colorado Springs, contact The Gasper Law Group today to schedule a consultation.
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