People ex rel. J.G.C.

2013 COA 171, 318 P.3d 576, 2013 WL 6354413, 2013 Colo. App. LEXIS 1878
CourtColorado Court of Appeals
DecidedDecember 5, 2013
DocketCourt of Appeals No. 13CA0847
StatusPublished
Cited by351 cases

This text of 2013 COA 171 (People ex rel. J.G.C.) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. J.G.C., 2013 COA 171, 318 P.3d 576, 2013 WL 6354413, 2013 Colo. App. LEXIS 1878 (Colo. Ct. App. 2013).

Opinion

Opinion by

JUDGE WEBB

T1 In this dependency and neglect proceeding, J.C.H. (presumptive father) appeals the order dismissing him from the dependency and neglect proceeding concerning J.G.C. (the child). Presumptive father contends the Logan County Department of Social Services (LCDSS) lacked standing to seek his dismissal from the petition, and the district court erred in dismissing him from the petition based on genetic test results showing that he was not the child's biological father. We conclude that in the circumstances present here, the district court lacked subject matter jurisdiction to make a paternity determination. Therefore, we need not consider standing, and we vacate the order. Because supplemental briefing shows that the cireumstances which deprived the court of subject matter jurisdiction no longer exist, and because the testing issue may arise on remand, we also consider presumptive father's remaining contention. We conclude that the district court erred in finding evidence he was not the biological father suffi-client to rebut the presumption of paternity arising out of his identification as the father on the child's birth certificate.

I. Background

T2 LCDSS filed a petition in dependency and neglect and a motion seeking temporary custody of the child, who had been born eight days earlier. LCDSS identified presumptive father as the child's father, but alleged that he might not be the child's biological father. Shortly thereafter, LCDSS filed a family services plan that included proposed treatment plans for both presumptive father and mother. In approving the plan, the court noted the allegation that presumptive father might not be the child's biological father, and ordered LCDSS to arrange for paternity tests.

3 LCDSS submitted test results showing that the probability of presumptive father's paternity was zero, and on this basis urged the court to dismiss presumptive father from the case. The court declined to do so, noting that "[hle could be the presumptive father since his name is on the birth certificate and ... the biological father is unknown." However, the court offered to consider written motions to name presumptive father as a special respondent or to dismiss him from the petition.

T4 LCDSS then moved to dismiss presumptive father from the petition, arguing that under section 19-4-105, C.R.S.2013, the test results established that he was not the biological father, and thus, clearly and convincingly rebutted the presumption created by his name being on the birth certificate. [578]*578In response, presumptive father acknowledged that he was not the child's biological father.

15 However, he argued that under section 19-4-105(2), C.R.S$.2018, a court may determine the legal father of a child only when two or more men assert that they are a child's father based on competing statutory presumptions. Because no other man was then asserting parentage based on any presumption, presumptive father contended that section 19-4-105(2) was not triggered. He also argued that LCDSS did not have standing to assert the rights of the alleged biological father, who was not then a party.

16 The district court dismissed presumptive father from the case, holding that "he cannot be the presumptive father because the paternity test results rebut any presumption by clear and convincing evidence."

II. Jurisdiction to Determine Paternity

17 Although none of the parties challenged the district court's jurisdiction to determine the nonpaternity of presumptive father, we may consider the issue on our own motion. - In re Support of E.K., 2013 COA 99, ¶ 7, — P.3d —. We requested supplemental briefing on this issue and now conclude that the district court lacked subject matter jurisdiction to make a paternity determination.

T8 Determining a child's paternity (or, more rarely, maternity) in Colorado is subject to Colorado's version of the Uniform Parentage Act (the UPA), sections 19-4-101 to -130, C.R.8.2018.

19 Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction in both dependency and neglect proceedings and proceedings to determine the parentage of a child.1 §§ 19-1-104(1)(b) and (£), C.R.S.2018. However, a paternity proceeding "may be joined with an action in another court of competent jurisdiction for dissolution of marriage, legal separation, declaration of invalidity of marriage, or support." § 19-4-109(1), C.R.S.2013; EK. (child support); In re Parental Responsibilities Concerning G.E.R., 264 P.3d 637 (Colo.App. 2011) (allocation of parental responsibilities); In re Marriage of Burkey, 689 P.2d 726 (Colo.App.1984) (dissolution of marriage). Thus, section 19-4-109(1) provides an alternate forum for the resolution of paternity disputes. In re Marriage of De La Cruz, 791 P.2d 1254, 1256 (Colo.App.1990) (holding that the district court, which had exclusive jurisdiction in dissolution of marriage, had the authority to determine the issue of parentage once it was raised by the presumed father).

110 In construing a statute, a court strives to give effect to the intent of the legislature and adopt the construction that best carries out the provisions and purposes of the act; the court will not construe it in such a manner as to lead to an absurd or unreasonable result. Huber v. Colo. Mining Ass'n, 264 P.3d 884, 889 (Colo.2011). Here, a reasonable interpretation of section 19-4-109(1) is that the legislature intended to extend the jurisdiction of the district court-in a case in which it is not functioning as a juvenile court and thus, otherwise would not have jurisdiction to determine parentage-to include paternity issues that arise in nonpa-ternity cases. Nothing in the language of section 19-4-109(1) suggests that by omitting to specifically authorize the juvenile court to allow a paternity action to be joined with another proceeding within the jurisdiction of the juvenile court, such as a dependency and neglect action, the legislature intended to deprive the juvenile court of the authority to do so. Such an interpretation would lead to an absurd and unreasonable result in that it would allow district courts to resolve paternity issues in an efficient manner while forbidding the same flexibility to juvenile courts. Therefore, we conclude that a paternity action may be joined with a dependency and neglect proceeding.

111 When a paternity issue arises in a nonpaternity proceeding, the court must follow the procedures outlined in the UPA. Failure to do so deprives the court of subject [579]*579matter jurisdiction to decide paternity. E.K., 19; Burkey, 689 P.2d at 727-28.

T 12 The UPA provides that before paternity can be determined, each man presumed to be the father of the child under section 19-4-105, and each man alleged to be the natural father must be made a party to the paternity action, or, if not subject to the personal jurisdiction of the court, must be given notice of the action and an opportunity to be heard. § 194-110, C.R.S.2018.

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Cite This Page — Counsel Stack

Bluebook (online)
2013 COA 171, 318 P.3d 576, 2013 WL 6354413, 2013 Colo. App. LEXIS 1878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-jgc-coloctapp-2013.