In re Parental Responsibilities of A.C.H. and A.F

Citations

• 2019 COA 43
• 440 P.3d 1266

Syllabus

Psychological Parent—Child Support—CRS § 14-10-123. In 2006, mother and Hill became romantically involved and moved in together. Mother had a 3-month-old son, A.F., whose biological father had been absent since his birth. In 2007, mother gave birth to A.C.H., a daughter fathered by Hill. They all lived together until the couple broke up in 2010. The parties agreed to and followed an equal parenting time schedule with both children. In 2016, mother sought permission to relocate to Texas and petitioned the district court for an allocation of parental responsibilities with respect to A.C.H. only. Hill asserted he was A.F.'s psychological parent and filed his own case seeking an allocation of parental responsibilities for A.F. The district court consolidated the cases. Among other things, the district court subsequently issued an opinion concluding it could not impose a child support obligation on Hill for the benefit of his psychological child absent a legal parent–child relationship. Mother argued that as A.F.'s psychological parent, Hill was on equal footing with her as a biological parent and therefore he also has the responsibility to pay child support. The Court of Appeals determined that while neither the statutes nor case law expressly imposes financial obligations on a psychological parent, they do support the proposition that such obligations may be imposed. The Court concluded that the district court has the authority to impose a child support obligation on psychological parents who established themselves as parents (rather than guardians) and sought and received an intended-to-be-permanent allocation of parental responsibilities. The Court noted that it is neither creating a new class of stepparent obligors nor suggesting that the mere existence of a psychological parent–child relationship, on its own, establishes a support obligation under CRS § 14-10-115. Further, the opinion does not mean that A.F.'s biological father, if found, is relieved from his duty