The Colorado Court of Appeals reversed and remanded the trial court’s judgment terminating appellant-father’s parental rights to his biological twin sons and awarding permanent legal custody to the twin’s prospective adoptive parents. Mother completed a relinquishment of her parental rights and listed father’s first name only, alleging she did not know his last name or address, and also lied to father, telling him she lost the pregnancy. Because father did not respond to notice of the children’s birth via publication, the trial court terminated his legal relationship with the children. Appellant-father appealed, arguing that the order was void due to the mother’s fraud upon the court pursuant to C.R.C.P. 60(b)(2). Prospective adoptive parents intervened, opposing appellant-father’s appeal in light of the interest of the state in the finality of adoptive placements; their fundamental liberty interest in the care, custody, and control of their adopted children; and the children’s fundamental right to preserve their relationship with their adoptive parents. The appellate court agreed with appellant-father stating, “we conclude that the court erred in failing to accord “special weight” to father’s determination that the children’s best interests would be served by placing them in his custody, as required under Troxel; in failing to identify any “special factors” justifying rejection of his determination; and in finding that father’s fundamental liberty interest in the care, custody, and control of his children was outweighed by intervenors’ alleged ‘fundamental interest in having the children remain with them’ and by the children’s alleged ‘fundamental interest in remaining with the only parents they have ever known.’” The appellate court, in reversing and remanding the termination of appellant-father’s parental rights, instructed that the trial court to: conduct a hearing on custody after affording father a full and fair opportunity to establish a meaningful relationship with his children; afford father the presumption that he will act in the best interest of his children; and give appropriate weight to father’s liberty interest in the custody and care of his children.
Cite: No. 13CA2280, 2014 COA 161 (Colo. Ct. App. 2014)
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