Mitch Tacy Family Law

Fort Collins Stepparent Adoption Mitch Tacy Family Law

Stepparent Adoption

Congratulations if you are a stepparent considering adopting your stepchild(ren), at Mitch Tacy Family Law we are happy to help you complete the process and make your family official!

In Colorado, a child can be adopted by a stepparent if the biological parent that the child does not live with has:

1) Abandoned the child for a year or more. Meaning the biological parent has made no effort to be an involved parent in the child’s life, and has had limited or no contact with the child in the past year.

2) The non-custodial parent has not provided reasonable child support for the child in the past year.

Step-Parent Adoption WITH CONSENT

If you have the consent of the biological parent, we will supply that parent with the documents that need to be signed. The biological parent WILL NOT have to appear in Court. They will need to sign the documents we have prepared in front of a notary. We are happy to speak with the bio-parent to help them understand the process, you do not need to speak with the bio-parent.

Mitch Tacy charges a flat fee for step parent adoption with consent – $1,500.  Additional fees include all background check application fees, finger-printing and the child’s new birth certificate.

Step-Parent Adoption WITHOUT CONSENT

If the non-custodial bio-parent will not consent to the adoption, do not worry. It may take a little longer to serve the person your Petition for Step-parent Adoption and necessary Court papers but if you meet one of the two requirement you will be fine. If you do not know where the bio-parent is we will need to make every effort to try and find that person including notice of publication.

Mitch Tacy charges a flat fee for step parent adoption without consent – $2,000.  Additional fees may include:  investigating to find the parent and notice of publication, all the background check application fees, finger-printing and the child’s new birth certificate.


It takes several months to complete a step-parent adoption. The adopting parent need to complete a Federal Bureau of Investigation background check, a Colorado Bureau of Investigation background check and a Trials (Colorado Department of Human Services) background check. We will need two sets of fingerprints for the FBI and CBI applications. We prepare all of the background check forms necessary and meet you in Larimer County or Weld County for fingerprinting. We mail in the background checks with required payments. It is important to time the mailing of the applications so they arrive with 90 days of filing. Timing of the applications is tricky, the FBI can take as long as four and a half months, so, if you mail in the CBI and Trails with the FBI you will have to repeat the process (including new finger-prints) of the CBI. We have completed adoptions of parents who tried to do-it-themselves and gave up because of timing problems. There are several legal forms necessary to complete this process. Please contact Dorian Ryan 970-214-8840 or to set up a free phone consultation with Mitch Tacy.

 Stopping a Stepparent adoption-

If you are a biological parent that would like to stop a Colorado step parent adoption of your biological child, please read numbers one and two on the list above. You will need some very compelling reasons why you have not supported your child as an active involved parent and/or why you did not support your child financially. If this scenario applies to you we highly recommend that you hire an experienced Colorado family law attorney that can fight for your rights in your uphill battle to retain custody of your kid(s).

Stepparent Adoption Background checks are required

The step parent will have to pass three background checks. Please allow at least four months to receive your FBI background check prior to filing for the adoption. In addition to a Federal (FBI) criminal background check, you will also need to apply for a Colorado Bureau of Investigations background check. You will also need to apply for a CDHS TRAILS background check. The FBI and CBI both require full sets of fingerprints. At our office we work with clients to provide all of the applications and documents necessary. We will be there with you to coordinate the applications fees and fingerprinting at you local police or sheriff’s office.


Mitch Tacy Family Law Attorney & Mediator

155 E. Boardwalk Drive, Suite 464, Fort Collins, CO 80525
1635 Foxtrail Drive, Suite 356, Loveland, CO 80538

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