Case Conclusion Date: 04.14.2011
Practice Area: Adoption
Outcome: We won at the Court of Appeals and then at the trial court. The trial court determined the step-parent adoption was obtained by fraud.
Description: n In the Matter of the Petition of S.D.H.,6 Emily Roberts and her colleagues argued that the district court erred when it terminated their client's parental rights and allowed the child's stepfather to adopt him. They asserted that the district court should have granted their client's C.R.C.P 60(b)(2) motion for relief, arguing that the representations of the mother and stepfather regarding the biological father's alleged abandonment of the child and their concealment of a favorable order from a different court was fraudulent. The Colorado Court of Appeals agreed, reversing the district court's judgment and remanding the case to determine "whether mother and stepfather's affidavits and pertinent assertions were accurate and, if not, whether the inaccuracies constituted fraud or misrepresentation warranting relief under C.R.C.P. 60(b)(2)."