Tran v. BennettAnnotate this Case
This case involved three people who agreed to co-parent one minor Child: Tue Thi Tran (Mother); Clinton Demmon (Demmon), Child’s biological father and Mother’s current partner; and Robert Bennett (Bennett), who was married to Mother at the time of Child’s birth. In 2007, the parties entered into a memorandum of agreement that settled the issue of legal paternity in Demmon’s favor yet provided that all three adults were Child’s “co-parents.” The district court adopted the memorandum of agreement as a stipulated order of the court. Disputes arose between the parties, and in 2012 the district court issued a parenting order that expressly awarded joint legal custody of Child to Mother, Demmon, and Bennett. The district court also held Mother and Demmon in contempt of court for violating the vacation and visitation provisions in the memorandum of agreement. On appeal, Mother and Demmon challenged the 2012 parenting order, arguing that Bennett was not Child’s father and that the district court erred by awarding custody to a non-parent. Mother and Demmon also contended that the district court abused its discretion by holding them in contempt of court. After review, the New Mexico Supreme Court concluded the parties effectively settled the issue of paternity under the Uniform Parentage Act when they entered into the memorandum of agreement and that the district court adjudicated the issue of paternity when it issued the stipulated order adopting the agreement. Therefore, the Court held Demmon was Child’s legal father. Furthermore, the parties’ memorandum of agreement did not confer parental rights on Bennett, in addition to Child’s two legal parents. Finally, the Court vacated the contempt order.