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In re Petition of S.O.

Supreme Court of Colorado
795 P.2d 254 (Colo. 1990)


Facts

T.O. and her husband, S.O. (plaintiffs), filed a joint petition in juvenile court to permit S.O. to adopt T.O.’s biological son, E.E.F., whom T.O. had when she was unmarried and in a relationship with D.J.T., E.E.F.’s biological father. D.J.T. and T.O. had lived together for nearly three years after E.E.F.’s birth. Subsequently, T.O. ended the relationship with D.J.T. and married S.O. D.J.T. continued to maintain a relationship with E.E.F., visiting E.E.F. periodically. Several months later, T.O. and D.J.T. discussed the possibility of permitting S.O. to adopt E.E.F. Prior to completing the required form to consent to the adoption, D.J.T. and T.O. asked the court clerk whether the document could be altered to specifically provide that D.J.T. would be permitted to continue visitation with E.E.F. The court clerk stated that the form could not be altered. T.O. told D.J.T. that future visitation with E.E.F. would be permitted with her and S.O.’s consent. D.J.T. signed the consent form “as is” and submitted it along with the adoption petition. At a subsequent hearing that was not attended by D.J.T., the juvenile court granted the adoption. Thereafter, D.J.T. continued to visit E.E.F. After T.O. prevented the ongoing visitation, D.J.T. filed a petition to set the adoption aside. After a hearing, the juvenile court denied D.J.T.’s motion. D.J.T. appealed.

Rule of Law

Issue

Holding and Reasoning (Mullarkey, J.)

Dissent (Quinn, J.)

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