IN RE PETITION OF S.O.
795 P.2d 254 (Colo. 1990)
NATURE OF THE CASE: Appellant (F) challenged the judgment of the Denver Juvenile Court
which denied his motion to set aside a stepparent adoption of his son by the husband of the
child's natural mother.
FACTS: F and M lived together and had a child. M ended her relationship with F and their
child also ceased to live with F. M got married. F did visit his child but did not
contribute significantly to the costs of support, and was not asked to do so by M. M than
approached F to discuss the possibility that her husband adopt the child for medical
coverage reasons but that F would still be permitted visitation. The parties dispute whether
such visitation was to be as a matter of right for F. The adoption was completed without
opposition from F. Eventually M got a permanent injunction to stop F from visiting the
child. F made a motion to set aside the decree and it was denied because his consent to the
adoption was 'knowingly, intelligently and voluntarily executed.' F argues that his consent
was given under a mutual mistake of law and fact, namely that it could be conditioned on his
continued right to visit the child.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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