Parental Resp Conc RNM
23CA1530
Colo. Ct. App.Jul 18, 2024Background
- The case concerns Royce Nicholas Martinez (father) and Brianne Bennett Perkins (mother) who share a child, R.N.M., born in 2018.
- In 2019, the court awarded sole decision-making authority to mother and set a step-up parenting plan ending with 50/50 time.
- In 2022, father sought to modify the decision-making arrangement; a child and family investigator (CFI) was appointed and reported that father's behaviors were causing the child emotional distress.
- Father then withdrew his motion; mother filed to modify parenting time to further restrict father's time.
- The CFI's updated reports recommended reductions to father's parenting time due to emotional risk to the child.
- After a hearing, the court limited father's parenting time; father appealed the order modifying his parenting time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| CFI's report/testimony bias | CFI was biased, did not assure fairness | CFI was impartial, followed procedures | No bias found; CFI impartial |
| CFI exceeded appointment | CFI commented beyond scope, added report | CFI’s recommendations appropriate, in child's interest | CFI acted properly |
| CFI’s virtual testimony | Testified virtually w/o motion, prejudiced him | No claim appears in record; virtual allowed | Not preserved; no error |
| Judge bias toward mother (pro se) | Judge improperly advocated for mother | Judge sought clarification, not advocacy | No actual bias shown |
Key Cases Cited
- In re Marriage of Gromicko, 2017 CO 1 (standard of review: broad discretion for parenting time decisions)
- In re Marriage of Hatton, 160 P.3d 326 (appellate court will affirm parenting time decisions when evidence supports it)
- In re Marriage of McNamara, 962 P.2d 330 (court responsible for resolving credibility and best interest)
- In re Parental Responsibilities Concerning B.J., 242 P.3d 1128 (court discretion over CFI recommendations)
- People in Interest of A.G., 262 P.3d 646 (standard for judicial disqualification and appearance of impropriety)
- Liteky v. United States, 510 U.S. 540 (routine judicial remarks not grounds for bias claims)