Some states have it where you have to go to the courts run a add in the local paper where you have the paper run a add in the legal part stating the action you wanna take and run it for 3weeks mabe four then the paperwork has to come to the courts to have the judge sign off on it that way you have it all done legally so there will be no questions as to the whole thing and how it ends up everything from there should be fine

You're going to have to contact a family law lawyer. The laws are different in every state. I know that, here in Massachusetts, you have to run an ad in a paper near where the non-custodial parent's last known address is for a week to state: contact so-and so prior to "this date" in order to claim rights as a parent, etc, or your rights will be terminated to that effect. So, contact a family lawyer.

Hi, Skandalissa, and welcome to WebAnswers.

In what jurisdiction does the child reside?

Most family courts will terminate the rights of a biological parent after legal service has been attempted, which could include service by publication, if other forms of service have failed. The procedure for this is to file for adoption and the court would order service by publication if a biological cannot otherwise be located.

I hope this is helpful to you, but please get back to me with the jurisdiction for the best answer. Thank you for choosing WebAnswers as your source™.

We live in Longmont Colorado if that helps any. Last time I heard he lived in Ohio but has since moved.

Colorado state laws for abandonment under Cal Pen Code 777a(2007) if the parent violate th provisions of section 270 of this code the jurisdiction of such offense is in any competent court of either the jurisdictional territory in which the minor child is cared for or in whcih such parent is apprehended. Under the state code C.R.S.18-6-401. (2006) Child abuse is defined in the following physical abuse, neglect of basic needs abandonment-when child has no parental support nor available alternate caretaker, medical neglect, lack of adequate care, sexual abuse lack of supervision Emotional Mal treatment, Educational neglect, if a parent has any concerns in regards to any of these state codes for abuse and abandonment that parent can contact 303-636-1750 and report their concerns. If you are in another county then you will be addressed to the right contact information. A parent has to file though the court for abandonment to terminate the non-custodial parents parental right. If the court does not terminate the non-parents rights under abandonment then the father has to give his consent to allow the stepparent to adopt the child. My sujestion if the father has not been in the childs life for three years file for abandonment had you known where the father was he probary would give his consent to the adoption if for no other reason but to get out of child support. Have you tried contacting any of his famiy or any friends you both new while together that may be able to locate him for you.

I have not tried contacting his family as I do not know any of them. He does have a sister here in Longmont but I never met her. The father has never been in his child's life but him and his new wife did try fighting for custody when she was born. All I have is an email where he threatened me if my husband adopts her.

You can't claim to not be able to locate someone if you haven't tried all routes. If the father isn't served properly with the adoption request, you could have the proceedings backfire later. Go about it the right way and you will have no regrets.

I honestly do not know who his family is here in Longmont. I have sent him letters to his last known address but he is no longer there. The states child support enforcement has also tried to locate him at his last known address and nothing. Can I just use that? I can't serve him if I can't find him. All I know is he lived in Ohio so I can publish it there.

No court systen in any state will revoke his parental rights from their child. In order for your child to be adopted the father MUST sign the form. You will have to go to court after he signs the form and he has to have cause of to why he doesn't want to parent the child. I have 3 children my ex was never in their lives. He wanted to sign over his rights to all 3 children because he did not want to pay arrears or child support period. I got him to sign the form I even recorded him verbally stating that he wanted no rights to the children. He vanished and 6 years later I started getting child support. My ex took my to court for everything negative you could think of. I got sole custody and primary custody of my 3 children and he is allowed to have the children for 5 weeks during the summer every year. He has kidnapped 2 of my children before. I can tell you this.......I would NEVER give him the honor of giving up his rights. Your child should get child support period. IF you can't find her father, don't worry about it, leave it alone. Even if my ex visited my children every year...it would NEVER amount to a full year. A father is someone that is in your life daily as a mother, not a piece of paper saying otherwise and I know this from my own past life as a child.

Well I have heard thru the grapevine (freinds that we had in common) that he left back to Panama so I can't get child support since there are no ties. The father won't be able to come back since his passport has been revoked. So should I just proceed with publishing it in the state where he last lived? My daughter has never met him or heard from him and Im sure he does not want anything to do with her. Could I use his public records where he has been in jail for DUI and domestic violence to terminate his rights? I will never see a penny from him eventho I have been told by attorneys that I can tap into his retirement and all but is it really worth the hassel? I'm just glad he is no longer in the states and will not be able to come back.

Either way, you need to contact a lawyer (family law) to advise you on the laws in your state. You cannot just go about doing this without legal advice. Also, the lawyer can help you draw up the adoption paperwork.

I guess this is as good a time as any to clear away the confusion brought about by other answers, by asking the following step-by step questions:

A. Has your husband filed a Petition for Stepparent Adoption, Form JDF 504, in the Boulder Combined Court in Longmont?

(If not, Form JDF 504, is available here:

http://www.courts.state.co.us/Forms/PDF/jdf502.pdf )

B. AT THE SAME TIME of your husband's petition, did you file a Petition to Terminate the Parent-Child Legal Relationship Pursuant to §§19-5-101, et seq. C.R.S.?

(If not, Form JDF 520, is available here:

http://www.courts.state.co.us/Forms/PDF/JDF%20520% 20Petition%20to%20terminte%20the%20parent-child%20 Legal%20Relationship%20Pursuant%20to%2019-5-105.pd f )

C. ALONG WITH an Affidavit of Abandonment, Form JDF 525 (which requires a one-year waiting period of the alleged abandonment)?

(If not, Form JDF 525 is available here:

http://www.courts.state.co.us/Forms/PDF/jdf%20525% 20affidavit%20of%20abandonment.pdf )

D. ALONG WITH a Notice of Adoption Proceedings and Summons to Respond, Form JDF 506, (which is normally filed at the time of filing the Petition for Stepparent Adoption, Petition to Terminate, AND Affidavit of Abandonment)?

(if not, Form JDF 506 is available here:

http://www.courts.state.co.us/Forms/PDF/jdf%20506% 20notice%20of%20adoption%20proceeding%20and%20summ ons.pdf )

E. ALONG WITH a Waiver and Acceptance of Service/Affidavit of Service, Form JDF 507(this form is used by the process server and is filled out in duplicate)?

(If not, Form JDF 507 is available here:

http://www.courts.state.co.us/Forms/PDF/jdf507.pdf )

THE ABOVE STEPS BEGINS THE ADOPTION PROCESS.

Now, if, after 30 days, there has been no return of service, or the respondent cannot be found, the following must filed:

1. Affidavit of Diligent Efforts, Form JDF 526, available here:

http://www.courts.state.co.us/Forms/PDF/jdf526.pdf

AND

2. Motion and Affidavit for Publication of Notice, Form JDF 517, available here:

http://www.courts.state.co.us/Forms/PDF/jdf517.pdf

ALONG WITH an Order for Publication and Mailing, Form JDF 518, available here:

http://www.courts.state.co.us/Forms/PDF/jdf518.pdf


The first two forms are self-explanatory, and the Affidavit of Diligent Efforts is the record of the efforts you have made in trying to locate the biological father.

Form JDF 518, the Order for Publication and Mailing requires the addition of HOW the order is to be carried out, i.e., what newspaper and for how long.

Now, while this may appear a bit daunting, it is fairly easy to follow, if you go step-by-step, which almost makes the process actually idiot proof. The court's self-help instructions are available here:

http://www.courts.state.co.us/Forms/PDF/JDF%20500% 20Step%20Parent%20Adoption%20Instructions.pdf

While they are not as clear as I would like, the process nevertheless gets you to your question and, hopefully, has now provided a clear answer as to how to proceed.

You should NOT need an attorney, unless you have somehow put the cart before the horse and have not followed any of the above steps, IN ORDER.

Please ask any questions you may have. Thanks.

Thank you for awarding my answer. Let me know if you need any further assistance.

Now, in further reviewing my answer, what I meant to state that was that you do not need an attorney UNLESS you have begun the process, but began somewhere in the middle, rather than at the beginning.