Legal Opinion

In Re the Marriage of Burkey

Colorado Court of Appeals

Decided September 6, 1984No. 83CA0701PublishedCited by 11 opinions

1Opinion of the Court

METZGER, Judge.

The major issue in this appeal is whether a trial court’s determination of paternity in a dissolution of marriage action is valid when, although requested to do so, it failed to follow any of the procedures outlined in the Uniform Parentage Act (U.P.A.), § 19-6-101, et seq., C.R.S. (1978 Repl.Yol. 8). We conclude that such a paternity order is void, and reverse.

In her petition for dissolution of marriage, filed in September 1979, Susan Sinclair Burkey (petitioner) alleged that her son was the issue of a common-law marriage to J. Brent Burkey (respondent). Respondent’s initial…

2Cases cited3 opinions

  1. McNeece v. McNeeceColorado Court of Appeals · 1977
  2. Viernes v. DISTRICT COURT IN & FOR FOURTH JUD. DIST.Supreme Court of Colorado · 1973
  3. Smith v. CaseySupreme Court of Colorado · 1979

3Cited by11 opinions

  1. People in Interest of RTLSupreme Court of Colorado · 1989
  2. M.R.D. ex rel. P.D. ex rel. R.F.D. v. F.M.Colorado Court of Appeals · 1991
  3. In re the Parental Responsibilities Concerning G.E.R.Colorado Court of Appeals · 2011
  4. People ex rel. J.G.C.Colorado Court of Appeals · 2013
  5. In re the Marriage of OhrColorado Court of Appeals · 2004

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