Supreme Court of Colorado

Dph v. Jlb

September 12, 2011260 P.3d 320

Summary

The court held that abandonment in a stepparent-adoption proceeding turns on the parent's intent during the twelve months preceding the adoption petition, assessed under the totality of the circumstances. The juvenile court must make that factual determination, and a parent's filing of parenting-time motions does not automatically preclude abandonment or require delay of the adoption proceeding. The court reversed the court of appeals and remanded because the juvenile court had not expressly determined the parent's intent during the relevant period.