Adoption of MJL
23CA2080
Colo. Ct. App.May 1, 2025Background
- Father (J.L.) and mother (J.K.) divorced in 2015; mother was awarded primary custody and sole decision-making for their child, M.J.L.
- Father’s parenting time was supervised, and he was ordered to pay monthly child support, which he largely failed to do between 2020 and 2023.
- Mother married stepfather (W.M.) in 2022, who soon after petitioned for stepparent adoption and termination of father's rights.
- At hearings, the evidence showed father had not seen the child since 2015 and had provided minimal to no support since 2020.
- The juvenile court originally excluded, but later allowed, evidence on whether adoption by stepfather was in the child’s best interests, ultimately finding both grounds for termination and best interests satisfied.
Issues
| Issue | J.L. (Father) Argument | W.M. (Stepparent) Argument | Held |
|---|---|---|---|
| Due Process—Notice | Lack of judicial notice violated due process and required continuance | Father received sufficient notice from stepfather, was aware and defended | Any error was harmless; father had actual notice and meaningful opportunity to be heard |
| Exclusion of Best Interest Evidence (First Hearing) | Court erred by not allowing best interests evidence initially | Court remedied by holding a second hearing allowing all evidence | Error was harmless since remedy corrected it |
| Second Hearing for Best Interests | Court gave stepfather an unfair second chance to prove best interests | Statute allows court to continue for more evidence; not required to deny on first insufficiency | Permissible under statute to continue for further evidence |
| Simultaneous Consideration of Availability and Best Interests | Court couldn’t validly terminate rights without first considering best interests | Court did consider best interests throughout, even if bifurcated | Record showed sufficient consideration of best interests, even under two-step process |
Key Cases Cited
- In re Petition of R.H.N., 710 P.2d 482 (Colo. 1985) (must consider best interests before terminating parental rights in stepparent adoption)
- People in Interest of J.A.S., 160 P.3d 257 (Colo. App. 2007) (parent cannot prevail on procedural error without showing prejudice)
- D.P.H. v. J.L.B., 260 P.3d 320 (Colo. 2011) (describing two-step inquiry for stepparent adoptions)