We divorced and remarried — can my spouse adopt my child now in Colorado?

Yes, a remarried spouse can ask the Colorado District Court to approve a stepparent adoption of your child. How your earlier divorce fits into your particular case is a fact-specific question, so confirm it with the District Court clerk in your county or an attorney. The points below are the ones that apply to Colorado stepparent adoptions generally.

Where it is filed: The petition goes to the District Court. Colorado has 64 counties, and the clerk in your county can tell you about local filing steps.

Residency: Colorado has no minimum residency period for filing (C.R.S. §§ 19-5-201, 19-5-204).

The other biological parent: Because your spouse is a stepparent, the child's other legal parent matters to the case. If that parent consents, the process is more straightforward. If they have not consented, Colorado looks at abandonment, which is set at 12 months (C.R.S. § 19-5-203(1)(d)(II)). If that parent contests the adoption, or you don't know where they are, talk to an attorney or the District Court clerk about your situation.

Your child's consent: A child who is 12 or older must consent to their own adoption (C.R.S. § 19-5-203). Younger children do not have this requirement.

Home study: Colorado does not require a home study for stepparent adoptions (C.R.S. § 19-5-209(1)).

Name change: The child's name can be changed as part of the adoption at no additional cost.

Timeline and cost:

• Stepparent adoptions in Colorado typically take 3-6 months.
• Court filing fees run $200-$500.
• The total typical cost is under $1,000 when you prepare the paperwork yourself.

Things to check for your family:

• Whether your spouse is already a legal parent of the child, since this answer assumes your spouse is a stepparent.
• Whether the court needs any documents about your prior divorce or your current marriage. The District Court clerk in your county can confirm this.
• Whether a decree or order from the earlier divorce affects your case