2013 COA 99
Colo. Ct. App.2013Background
- Mother had three children: E.K. (2003), J.K. (2005), and P.K. (2006); obligor was listed as father of J.K. and lived with mother through P.K.'s birth.
- In 2012 the Child Support Enforcement Unit (CSEU) filed a verified petition naming obligor as the only alleged and presumed father for all three children.
- Genetic testing excluded obligor as biological father of E.K. and J.K.; mother identified separate biological fathers for those two children and said each had met the child.
- Magistrate nevertheless adjudicated obligor the parent of all three children, ordered child support and costs; district court affirmed on review.
- On appeal, the parties briefed whether the district court lacked subject matter jurisdiction because the alleged biological fathers of E.K. and J.K. were neither joined nor given statutorily required notice under the Uniform Parentage Act (UPA).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court had subject-matter jurisdiction to adjudicate paternity when presumed and alleged biological fathers were not joined or given notice | CSEU (plaintiff) conceded it did not join or give notice to the alleged fathers but proceeded; argued judgment should stand | Obligor argued lack of joinder/notice deprived court of jurisdiction and judgment is void | Court held UPA requires each presumed and alleged natural father be joined or given notice; failure to do so deprived court of subject-matter jurisdiction, so judgment is void and must be vacated and remanded |
Key Cases Cited
- Adams Cnty. Dep't of Soc. Servs. Child Support Enforcement Unit v. Huynh, 883 P.2d 573 (Colo. App. 1994) (court may raise lack of subject-matter jurisdiction sua sponte)
- In re Marriage of Burkey, 689 P.2d 726 (Colo. App. 1984) (failure to follow UPA requirements deprives court of jurisdiction to determine paternity)
- Smith v. Casey, 601 P.2d 632 (Colo. 1979) (failure to join child as party deprived court of subject-matter jurisdiction)
- People ex rel. Orange County v. M.A.S., 962 P.2d 339 (Colo. App. 1998) (discussing former joinder requirement under UPA)
- In re Parental Responsibilities of A.D., 240 P.3d 488 (Colo. App. 2010) (statutory requirement that presumed and alleged fathers be made parties or given notice)