Legal Question in Family Law in Colorado

Interstate, Intercountry adoption of older child

We are residents of MI temporarily living overseas. We are in the process of adopting one of our previous foster children who is 16 years old and lives in NC. Colorado has legal custody of him but NC has physical custody through an interstate compact. The parental rights have been terminated. We are in the process of trying to move back to MI this summer but in case we can't find a job we want to bring him to us in Korea. Our problem is that Colorado is hesitating on granting us custody while we wait for the adoption because we are overseas. I am willing to leave my family here and stay with relatives in MI to get custody of him until all paperwork is done. What do we have to do to get custody transferred either to MI or NC or us? Colorado doesn't need to be in the picture any longer do they? Another problem is the child is a refugee from Vietnam. He has been in the US since he was 3 and in fostercare for 12 years. How can we get him citizenship? Will it happen automatically after he is adopted? How can he get a US passport or other papers to live with us in Korea if it comes to that? Any help will be greatly appreciated.


Asked on 2/04/98, 9:00 am

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Child Custody & Adoption - Which State Has Jurisdiction?

The query suggests that the child has been a ward of the state of Colorado, due to the foster care placement. As long as Colorado wants to keep him a ward of that state, there might not be much that can be done to move his residency to another state. You should consult an attorney in Colorado for advice, because that state would have to relinquish jurisdiction over the child. Michigan will give full faith and credit to the court orders (if any) that have been issued by Colorado regarding the care and welfare of the child. Assuming that the intended adoptive parents are U.S. citizens, then the child should be eligible for an immigrant visa and naturalization upon his adoption. You should consult both the adoption agency and an immigration law attorney regarding this issue, because the particular circumstances will be determinative.

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Answered on 2/05/98, 12:51 pm


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