Marriage of Tricamo, In re, 78-1154
| Decision Date | 31 May 1979 |
| Docket Number | No. 78-1154,78-1154 |
| Citation | 599 P.2d 273,42 Colo.App. 493 |
| Parties | In re the Marriage of Margaret A. TRICAMO, Appellant, and Stephen S. Tricamo, Appellee. Div. I |
| Court | Colorado Court of Appeals |
Michael F. Morrissey, Denver, for appellant.
Brownstein, Hyatt, Farber & Madden, Mark F. Leonard, Denver, for appellee.
The court entered a decree dissolving the 10-year marriage of the parties. Both parties requested custody of five children involved in the marriage. Custody of the two elder children, both of whom were the issue of a previous marriage of the wife and had been adopted by the husband, was awarded to the wife. Custody of the two younger children, who were the issue of the marriage of the parties, was given to the husband. The middle child, a 10-year old girl, is the natural child of the wife, not of the husband, and had not been adopted by him. The location of the natural father was unknown. The court awarded custody of this child to the husband, and it is this action that raises the sole issue in this appeal.
The wife does not contest the husband's fitness as a custodial parent, the applicability of any presumption relating thereto, nor does she contend that the best interests of the child are not being served by this award of custody. She stipulates that the only question in this appeal is whether the trial court had authority under the Uniform Dissolution of Marriage Act to award custody of a natural child of one spouse to the other spouse who is neither a natural, nor adoptive, parent of that child. We hold that the court had such authority and therefore affirm the judgment.
Section 14-10-123(1), C.R.S.1973, provides:
"A child custody proceeding is commenced in the district court or as otherwise provided by law:
(a) By a parent:
(I) By filing a petition for dissolution or legal separation . . . .
(c) By a person other than a parent who has had physical custody of a child for a period of six months or more . . . ."
Here, the mother filed a petition for dissolution in which she sought custody of the five children. The husband's response requested custody. We conclude, as did the trial court, that while the filing of the wife's petition alone may not have vested authority in the court over the child in question, nevertheless, the husband's response did so under subparagraph (c) above. The husband, while neither the natural nor adoptive parent, had the physical custody of this child, jointly...
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Custody of C.C.R.S., In re
... ... lacked standing to seek custody under § 14-10-123 of the Uniform Dissolution of Marriage Act (Dissolution Act). We disagree ... Our primary function in interpreting a ... App.1992); In re Marriage of Trouth, 631 P.2d 1183 (Colo.App.1981); In re Marriage of Tricamo, 42 Colo.App. 493, 599 P.2d 273 (1979) ... We reject the mother's argument that ... ...
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In re ELMC, No. 03CA1121.
... ... jurisdiction over McLeod under § 14-10-123(1)(c) of Colorado's Uniform Dissolution of Marriage Act. We conclude the trial court properly found facts consistent with the psychological parent ... (1) where he had physical custody of the child jointly with his wife); In re Marriage of Tricamo, 42 Colo. App. 493, 599 P.2d 273 (1979) (upholding jurisdiction under § 14-10-123(1)(c) over ... ...
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Marriage of Dureno, In re
... ... See In re Marriage of Tricamo, 42 Colo.App. 493, 599 P.2d 273 (1979) ... However, in contrast to the above statutes relating to custody, the statute which ... ...
- DuHamel v. People ex rel. City of Arvada, 78-976
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ARTICLE 13
...Zumbrun v. Zumbrun, 42 Colo. App. 37, 592 P.2d 16 (1978); Roberts v. District Court, 198 Colo. 231, 596 P.2d 65 (1979); In re Tricamo, 42 Colo. App. 493, 599 P.2d 273 (1979); Lopez v. District Court, 199 Colo. 207, 606 P.2d 853 (1980); In re Nicholson, 648 P.2d 681 (Colo. App. 1982); In re ......
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ARTICLE 10
...of a natural child of one spouse to the other spouse who is neither a natural, nor adoptive, parent of that child. In re Tricamo, 42 Colo. App. 493, 599 P.2d 273 (1979). A court has authority under the uniform act to order a change of name of a minor child. In re Nguyen, 684 P.2d 258 (Colo.......
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ARTICLE 13 UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT
...Zumbrun v. Zumbrun, 42 Colo. App. 37, 592 P.2d 16 (1978); Roberts v. District Court, 198 Colo. 231, 596 P.2d 65 (1979); In re Tricamo, 42 Colo. App. 493, 599 P.2d 273 (1979); Lopez v. District Court, 199 Colo. 207, 606 P.2d 853 (1980); In re Nicholson, 648 P.2d 681 (Colo. App. 1982); In re ......
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ARTICLE 10 UNIFORM DISSOLUTION OF MARRIAGE ACT
...of a natural child of one spouse to the other spouse who is neither a natural, nor adoptive, parent of that child. In re Tricamo, 42 Colo. App. 493, 599 P.2d 273 (1979). A court has authority under the uniform act to order a change of name of a minor child. In re Nguyen, 684 P.2d 258 (Colo.......