Dph v. Jlb
260 P.3d 320
Colo.2011Background
- Petition for stepparent adoption filed April 2008 by Stepfather (D.P.H.) with Mother’s consent; Child born September 9, 2004; parents separated July 1, 2005 and divorced May 17, 2006; Child resides with Mother and Stepfather; Father had minimal contact, last with Child June 2006; Juvenile court found Father abandoned the Child and terminated parental rights; Court of Appeals reversed, citing that Father’s dissolution court parenting-time motions precluded abandonment and that adoption should be delayed pending those motions; Colorado Supreme Court granted certiorari and reversed, remanding for a totality-of-circumstances abandonment determination; court held that delay in adoption is not required if parenting-time motions are adequately weighed in the abandonment analysis; abandonment inquiry is retrospective over the twelve months preceding the adoption petition; court may receive new evidence on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parenting-time motions preclude abandonment finding | Father’s motions show ongoing efforts to obtain time with Child | No single fact determines abandonment; totality of circumstances controls | Not precluded; remand for totality-of-circumstances determination |
| Whether juvenile court must delay adoption pending parenting-time outcome | Delay required until dissolution court resolves parenting-time motions | Delay not required if motion adequately considered | Not required; remand to consider parenting-time Motion in abandonment analysis |
| What standard and timeframe govern abandonment determinations | Abandonment requires intent to abandon during the twelve months before filing | Court should assess totality of circumstances; evidence conflicting | Abandonment determined by totality of circumstances during the twelve-month period; remand for explicit intent finding |
Key Cases Cited
- Moreau v. Buchholz, 124 Colo. 302 (1951) (abandonment is primarily a question of intent; retrospective twelve-month inquiry emphasized)
- In re J.D.K., 37 P.3d 541 (Colo. App. 2001) (totality of circumstances; abandonment determined case-by-case)
- In re R.H.N., 710 P.2d 482 (Colo. 1985) (clear and convincing standard for termination; applies to abandonment in stepparent adoptions)
- In re J.A.V., 206 P.3d 467 (Colo. App. 2009) (trials court must consider multiple circumstances; not controlling by single factor)