Termination of Parental Rights in Colorado
A court’s decision to terminate parental rights does not come without significant evidence that the parent poses a risk to the child’s well-being. The process severs the legal relationship between a parent and a child, relieving the parent of any rights or responsibilities. If you find yourself in a situation involving possible termination or parental rights, you will likely benefit from working with a Broomfield family law attorney at Danielsen Westhoff, PC. Contact us today to schedule a free 15-minute consultation.
Understanding Your Parental Rights in Colorado
When you have an established legal parent-child relationship, it provides certain rights. These include the right to make medical and educational decisions for your child, determine their religious and moral upbringing, a choice in where they live, and the right to financial support from the other parent.
In many cases, both parents retain these rights regardless of whether they are still married or partnered. Even if your child custody agreement awards sole physical and legal custody to one parent, the other still retains a degree of their parental rights and responsibilities. However, there are a few cases in which the courts will sever the legal parent/child relationship.
Why Would Colorado Terminate Parental Rights?
In most cases, the parent is given the opportunity to preserve the legal relationship with their child. However, if the courts determine they are unable to ensure their child’s welfare, termination may be considered to protect the child’s well-being. Grounds for termination can include:
- Abandonment of 6 months or more
- Significant bodily injury
- Mental health conditions that prevent them from appropriately providing care for a child, with no reasonable expectation of improvement
- Significant injury or murder of a sibling
- Failure to comply with a treatment plan
Colorado courts will not terminate a parent’s rights without clear evidence that the parent poses a danger to the child. This is, in part, because children benefit from the connection to family, and partly because terminating this relationship often relieves them of the responsibility for future child support, which pulls financial resources from the child.
Is Termination the Same as Relinquishing Parental Rights?
You may hear discussion about a parent relinquishing their rights rather than the courts terminating them. The outcome is the same, in that the court must approve it, and the parent will no longer have legal rights or obligations to the child.
Relinquishment is a voluntary option that a judge must approve. Typically, the judge will need to see that the case may already be headed towards termination, or that the child has another caregiver ready to adopt, ensuring the child will receive the benefits of two parents. However, a parent cannot simply relinquish their rights to make their obligations go away.
A Parental Rights Case Should Not Be Handled Alone
Family law can be complicated, and without legal guidance, you may easily find yourself in a worse situation than when you started.
Whether you are a caregiver advocating for termination to allow the child safer opportunities or a parent trying to defend your rights against termination, you need the support of an experienced family law attorney who can help you make decisions that protect your rights and ensure your child’s best interests are the focal point of any resolution.