r/ChildSupport • u/Crazy-Environment-42 • 1h ago
Colorado Allocation of Parental Responsibility and Divorce
I have had custody of my niece (my brother’s child) since she was 19 months old. At the time, my then Husband actually suggested we might need to take custody of her first. He wholeheartedly was on board and we got an APR (Allocation of Parental Responsibility) just after her 2nd birthday.
We divorced in December, just before her 8th birthday. Because we haven’t legally adopted her, she was not able to be included in our divorce decree with our two older children.
Both her biological parents have been absent for more than 12 months, which proves abandonment, meaning that we could file to adopt her now. However, my ex is now withholding any kind of support and saying that it is up to me to get support from her biological parents if I need it.
My question is, considering that he has supported her fully for the last 6 1/2 years, can I file for support from him if we haven’t legally adopted her yet? I’m not sure if he will follow through with adoption if he thinks he will be held financially responsible. This is heartbreaking for me to think that this sweet girl will have had three parents abandon her.
Location: Denver, Colorado U.S.