2020 COA 94
Colo. Ct. App.2020Background
- Child born in 2007; Arizona court later dissolved parents’ marriage, allocated decision-making and parenting time, restricted father’s parenting time, awarded grandparent visitation, and authorized mother to move to Colorado.
- Mother relocated to Colorado and married M.M.V. (stepfather). In Feb 2018 stepfather filed petitions in Colorado to adopt the child and to terminate father B.P.R.’s parental rights.
- Father moved to dismiss under the UCCJEA and the PKPA, asserting Arizona retained jurisdiction; mother petitioned Arizona to decline jurisdiction.
- Arizona initially declined continuing jurisdiction; the Colorado magistrate relied on that order and proceeded to hear the termination/adoption petitions without directly communicating with the Arizona court.
- Arizona later partially reconsidered and retained jurisdiction over grandparent visitation; Colorado magistrate nevertheless terminated father’s rights and entered an adoption decree.
- On appeal the Colorado Court of Appeals concluded the record lacked the required inter‑court communication under the UCCJEA and vacated the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the UCCJEA governs the termination-of-parental-rights portion of a stepparent adoption proceeding | Stepparent: Adoption exemption in § 14‑13‑103 means UCCJEA does not apply to stepparent adoption | Father: UCCJEA defines termination of parental rights as a child‑custody proceeding, so it applies | Court: UCCJEA applies to the termination portion of a stepparent adoption even though adoptions generally are exempt |
| Whether Colorado acquired subject‑matter jurisdiction under the UCCJEA to terminate father’s rights given Arizona’s prior custody orders | Stepparent: Arizona’s declination order (as relied on by Colorado) allowed Colorado to assume jurisdiction | Father: Arizona had an ongoing proceeding and retained jurisdiction over grandparent visitation; Colorado failed to comply with UCCJEA communication/transfer rules | Court: Colorado magistrate did not show required inter‑court communication; lacked jurisdiction to terminate rights; judgment vacated and remanded for proper UCCJEA procedure |
| Validity of Arizona’s partial reconsideration (retaining grandparent visitation) and effect on Colorado proceedings | Stepparent: Reconsideration was improper because Colorado had already begun exercising jurisdiction | Father: Arizona’s retention meant Colorado could not proceed without compliance with UCCJEA/PKPA | Court: Did not resolve merits of Arizona’s reconsideration; remanded so magistrate must communicate with Arizona and determine jurisdiction per UCCJEA |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (2000) (parental‑decision making is a fundamental liberty interest)
- Santosky v. Kramer, 455 U.S. 745 (1982) (termination of parental rights implicates heightened due process)
- D.P.H. v. J.L.B., 260 P.3d 320 (Colo. App. 2011) (standards for stepparent adoption and termination in Colorado)
- People in Interest of A.J.C., 88 P.3d 599 (Colo. 2004) (UCCJEA inapplicable to a failed interstate adoption; court did not address termination-in-adoption context)
- In re Adoption of K.L.L., 160 P.3d 383 (Colo. App. 2007) (UCCJEA not applied to custodial adoption in that case)
- Anthony H. v. Matthew G., 725 S.E.2d 132 (S.C. Ct. App. 2012) (UCCJEA applies to termination portion of stepparent adoption)
- In re D.C.M., 170 So. 3d 165 (La. Ct. App. 2013) (interfamily adoption cannot circumvent another state’s continuing custody jurisdiction)
- Adoption of K.C., 203 Cal. Rptr. 3d 110 (Ct. App. 2016) (held UCCJEA does not apply to stepparent adoptions)
- In re Adoption of B.H., 447 P.3d 110 (Utah Ct. App. 2019) (rejected UCCJEA challenge to jurisdiction in adoption context)