Adoption and Guardianship

The process of adoption in Colorado can be complicated, far too technical, and emotional. Adoptions (including kinship adoptions and stepparent adoptions) require a knowledgeable family law attorney to make sure the process goes smoothly.

The Drexler Law Group, LLC, provides not only the knowledge and experience in adoption proceedings, but we also provide our clients with a straightforward analysis of the process and whether any roadblocks or challenges exist to delay the adoption.

Adoptions are never automatic. It's important to understand the full legal and technical process in pursuing or challenging an adoption. Our lawyers will be your advocates throughout the adoption process. We serve clients in Colorado Springs and the surrounding areas.

Approaches To Adoption

We know that adding another family member to your unit is important, and we want to help. We can help you understand adoption in Colorado and successfully help you navigate the process by explaining how the adoption process works, giving you resources to help you throughout the process and by creating a plan to help you adopt a child.

  • We can explain your rights and the applicable Colorado adoption laws.
  • Adoption seems straightforward to most folks but it's important to understand that adoption first involves establishing a legal basis on which to terminate the parental rights of a biological parent.
  • The right to raise children is a fundamentally protected right, protected by the Constitution. So, it's critical that an adopting party establish the legal basis to terminate parental rights.

We assist our clients in jumping this first hurdle and will explain the multiple factors the court weighs in assessing whether to terminate parental rights. Next, the adopting party needs to establish that the placement of a child with an adoptive parent is in the child's best interest.

The Best Interests Of The Child

The best interest of the child standard is another fundamental and well-established legal and factual principle in our family court legal system.

  • We will be your champions to establish that an adoption should either be granted or denied based on the termination and best-interest standards.
  • You should hire an attorney early in the adoption process as there are specific and technical statutes, laws and procedures that determine whether a child is eligible to be adopted, and who, among many, is able to adopt.

Generally, an adopting parent must be at least 21 years of age, pass background checks and live in Colorado. If a child is 12 years old or older, he or she must consent to the adoption. When the adoption is approved, the child will be issued a new birth certificate identifying the adopting parent as his or her parent.

Stepparent Adoptions

Stepparents can adopt a stepchild in Colorado. But, it's not as easy as it sounds. First, a biological parent can voluntarily surrender his or her parental rights, or a court can terminate that parent's rights based on a myriad of factors.

  • Think of the advantage to an uninvolved or absent parent ... when parental rights are terminated, so are the rights and duties to pay child support or otherwise support the child.
  • Remember that a relinquishing parent still must pay any past due child support that accrues before the adoption; however, the financial incentive remains to cut off any future child support or financial support.
  • In other cases, the biological parent will contest the adoption despite not being involved for a significant period of time. In these cases, a court can grant a stepparent adoption by terminating the uninvolved parent's parental rights involuntarily.
  • The Drexler Law Group, LLC, will be instrumental in showing that the absent parent has failed to pay child support or has not maintained contact or a proper relationship with the child.

Grandparent Adoptions

Thankfully, Colorado is among a handful of states still recognizing the important role grandparents play in a child's life and upbringing. Grandparent adoptions may involve more steps, and The Drexler Law Group, LLC, can assist you in formalizing a plan of adoption or a temporary placement plan for the protection of the grandchild or grandchildren.

  • A grandparent can seek a legal allocation of parental responsibilities and parenting time with minor children in certain circumstances. In tragic cases involving the death or incapacitation of a child's parent, Colorado law allows a grandparent or other suitable party to continue visitation with a child.
  • An analysis of whether or not a grandparent may seek parenting time with their grandchild is a complex analysis and usually requires the assistance of an experienced family law attorney.
  • Colorado's Children's Code and the Uniform Dissolution of Marriage Act both provide statutory language that has been implemented to secure grandparents' and other nonparents' parenting time and custody of minor children.

Get Started With A Free Consultation

Many factors and laws apply to adoption, guardianship, custody, and allocation of parental rights. The Drexler Law Group, LLC, is experienced and can navigate you through these complex laws and procedures to ensure that the most important aspect of your case is protected throughout.

The lawyers at The Drexler Law Group, LLC, will help you make the best decisions for your family. Call us at 719-359-4623 or send us an email for more information and assistance with your case. We care, and we will help you.