In Re Petition Of S.O.

795 P.2d 254 (Colo. 1990)

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Nature of the Case

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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.