My ex husband has said recently that he is going to sign over all parental rights to me in order to avoid paying child support for our 8 yr old, 7 yr old and 5 yr old children. He is already behind in his payments. But has said he has talked to a lawyer who informed him that Colorado is one of 3 states that allows a parent to do so. Is this true?
Child Custody Lawyer
That is not true. In Colorado, the Court will not allow a parent to unilaterally give up their parental rights to avoid paying child support.
Courts will not allow a parent to sign over their parental rights unless there is a stepparent or other individual willing to step into the role of the parent and adopt the child.
However, once the parental rights have been terminated and another person has adopted the child, the biological parent no longer has a child support obligation, and the adopting parent takes all the legal rights and obligations just as if the child had been his or her own biological child.
Glen B. Goldman, Esq.
Legal disclaimer: Answering this quetion does not establish an attorney client relation. The answer is for educational purposes only. You should consult an attorney for your specific circumstances.
Your ex-husband is only half right.
Colorado will allow a voluntary termination of parental rights even if there is no step parent seeking to step into that role and adopt. However, that doesn't mean your ex can just unilaterally make a decision to abandon his children and shirk his responsibilities. He cannot just make that decision and force you to accept it. No judge I have ever met will approve such a move if you object.
If the two of your agree that termination of parental rights and responsibilities is in your children's best interest, you can get the court to approve that. If you don't agree with your ex-husband, then he is not going to get out of his obligations.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.