This timeline traces the timing of court proceedings in one contested adoption proceeding — that of Robert Manzanares, who first initiated a paternity action in Colorado and then in Utah after learning his daughter had been born in that state. Some court observers say protracted cases could be avoided by adopting a rule that expedites the hearings.
Created by SaltLakeTribune on Apr 1, 2012
Last updated: 04/01/12 at 06:26 PM
Tags: adoption putative fathers
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Third District Judge Paul Maughan agreed to dismiss the adoption petition, as requested by the birth mother and prospective adoptive parents, so the custody case can be heard in Colorado. He also ordered that Robert Manzanares' name be added to his daughter's birth certificate, something that had not happened despite previous orders. Robert and his mother attended the court hearing in Utah.
On Jan. 27, 2012, the Utah Supreme Court issued its opinion that Robert Manzanares had improperly kept from intervening in the adoption proceeding for his daughter. It sent the case back to the trial court.
http://www.utcourts.gov/opinions/supopin/InreBabyB1208012712.pdf
The Utah Supreme Court heard arguments in the case, known officially as "In the Matter of the Adoption of Baby B," on November 4, 2010. The link below takes you to the audio recording of the hearing.
http://www.utcourts.gov/courts/sup/streams/index.cgi?mon=201011
Robert Manzanares appealed the trial court judge's decision on Sept. 4, 2009.
The trial court judge signed his decision, ruling against Manzanares, on Aug. 10, 2009.
Third District Judge Robert Faust issued a memorandum decision, finding that Manzanares had not adequately protected his parental rights under Utah's adoption statute and his consent to his daughter's adoption was not necessary.
The trial court asks attorneys to provide additional briefs on the effect of vacating Carie Terry's relinquishment and whether or not Robert Manzanares complied with the qualifying circumstances of Utah's adoption statute.
Presiding Judge Paul G. Maughan denies adoptive parents' motion to disqualify 3rd District Judge Robert Faust.
3rd District Judge Robert Faust referred the prospective adoptive parents' motion to have him disqualified to the associate presiding judge for review.
The prospective adoptive parents filed a motion on Jan. 28, 2009, seeking to have Faust disqualified.
As the legal wrangling continued, Robert Manzanares filed a motion requesting that he be granted visits with his daughter. Manzanares has seen his daughter once, when she was 10 months old, at a court hearing.
On Oct. 31, 2008, Carie Terry filed a motion in Utah's 3rd District Court seeking to intervene in the adoption case and have her relinquishment reconsidered.
The prospective adoptive parents also filed a motion on Oct. 31, 2008, supporting Carie Terry's effort to re-enter the custody dispute.
On Oct. 28, 2008, Robert Manzanares filed a new motion in 3rd District court asking that the adoption petition be dismissed, that he immediately be given custody of his daughter and that further proceedings be transferred to the Colorado court.
The Utah Court of Appeals rejected the prospective adoptive parents' appeal.
Robert Manzanares filed an objection to the appeal filed by the prospective adoptive parents.
The prospective adoptive parents filed an appeal with the Utah Court of Appeals.
On Aug. 20, 2008, 3rd District Judge Robert Faust issued a new decision, vacating Judge Hilder's acceptance of Carie Terry's relinquishment because of her misrepresentations to the court. Faust also ordered that Manzanares' name be added to his daughter's birth certificate.
Third District Judge Robert Faust hears evidence during a two-day hearing in late July, 2008.
Following a telephone conference call with attorneys, 3rd District Judge Robert Faust vacated his July 1 decision and set a two-day evidentiary hearing for July 28-29, 2008.
Robert Manzanares filed an objection to the prospective adoptive parents' effort to delay returned of his child to him.
The prospective adoptive parents filed a motion on July 3, 2008, asking the court to delay its order returning the child to Robert Manzanares pending a decision on the case from the Utah Court of Appeals.
At the end of a July 1, 2008, hearing on Robert Manzanares' petition to dismiss the adoption petition, 3rd District Judge Robert Faust ordered that the then 4-month-old baby be turned over to her father on or before July 7, 2008
According to court records, both Robert Manzanares and the prospective adoptive parents tried to get a court date between April 3, 2008, and June 2008, but were not able to get before a judge until July.
Robert Manzanares filed a motion in 3rd District Court to dismiss the adoption petition filed by the prospective adoptive parents on March 10, 2008.
The Denver County District Court judge issued a supplemental order addressing venue and jurisdiction for the paternity action. The Colorado judge rules that Utah is not the proper forum for the paternity action. During this hearing the Colorado judge spoke by telephone with 3rd District Judge Robert Hilder, who said Utah would recognize the Colorado order and require Manzanares' name to be placed on his daughter's birth certificate.
The Denver County District Court judge issued an order addressing Manzanares' paternity, rights and responsibilities and addressing jurisdiction. He finds that Colorado has jurisdiction in the matter, that Manzanares is the biological father and that Manzanares' name should be added to the child's birth certificate after its birth.
Hearings took place on Robert Manzanares' paternity action on Feb. 27 and Feb. 29, 2008, in Denver County District Court.
Robert Manzanares filed an emergency motion with the Colorado court requesting a hearing on his paternity action.
Robert Manzanares learned through mutual friends that Carie Terry had given birth. At this point, he did not know where the birth had occurred.
On Feb. 20, 2008, minutes before a scheduled hearing in Colorado, Carie Terry appeared before 3rd District Judge Robert Hilder and relinquished her rights to the infant. The baby was temporarily placed with her brother and sister-in-law, who planned to adopt the child.
Fifteen minutes before the scheduled 9 a.m. hearing, Carie Terry called the Colorado Court and said she would not be at the hearing because she was out-of-town visiting a sick relative. Terry did not mentioned that she had given birth and relinquished the baby.
The prospective adoptive parents, who are related to the birth mother, filed a petition for adoption on Feb. 19, 2008, in Utah's 3rd District Court.
Carie Terry gave premature birth on Feb. 17, 2008, to a baby girl while in Utah.
Carie Terry traveled to Utah to visit her ill father.
Carie Terry filed a response with the Colorado court on or about Feb. 12, 2008, according to court documents. A hearing was then set for Feb. 20, 2008.
Carie Terry, who also lived in Colorado, received a copy of Manzanares' verified petition for paternity and to enjoin an adoption two weeks after he filed it in a Colorado court.
Concerned that girlfriend Carie Terry might place their unborn child for adoption, Robert Manzanares, shown with his son in this photo, files a paternity action in Denver County, Colorado.
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