Like all states in the U.S., Colorado has laws upholding a parent’s legal right to physical and legal decision-making custody. They also have an obligation to support their child financially.
Despite these inherent parental rights, the court can terminate a parent’s rights under specific circumstances, including when the parent themselves voluntarily requests a termination of their rights, such as to allow the adoption of an infant. In other cases, the termination of parental rights occurs in response to a petition by the other parent, a stepparent, or an agency, such as Colorado’s child welfare agency.
The termination of parental rights in Colorado is legally binding, but there are some circumstances in which a parent may seek the reinstatement of their parental rights. Contact our skilled child custody lawyer in Denver, CO for a free case review today.
Reinstating Parental Rights In Colorado After Voluntary or Involuntary Termination
Colorado is one of only 22 states that offer a procedure for a parent to seek the reinstatement of their parental rights after they’ve been voluntarily or involuntarily terminated. Under Colorado Rev Stat § 19-3-612 (2024), the state assembly states the following:
“For various reasons, some children are not adopted after the termination or voluntary relinquishment of the parent-child legal relationship and in some cases might benefit from a reinstatement of the parent-child legal relationship if the former parent has remediated the issues that led to the termination or voluntary relinquishment.”
The statute goes on to explain that allowing a parent to reestablish their parental rights may prevent a child from unnecessarily lingering in the state’s child welfare system, which is not in a child’s best interest. Colorado family courts make all decisions in the best interests of the child.
How Can a Parent Have Their Parental Rights Reinstated In Colorado?
In Colorado, a parent, a child over the age of 12, a child’s guardian ad litem, or a county child welfare department may file a petition for reinstatement of their parental rights, but they must show all of the following conditions that apply in their case:
- That they’ve remedied the condition that initiated the termination of their rights, for instance, they’ve successfully completed a substance abuse treatment program and been drug or alcohol free for a significant period of time
- That they can provide a safe and nurturing home environment for the child
- That child is of sufficient age to express themselves, and they are in favor of the reinstatement of the parent’s parental rights
- That the child does not already have a legal parent, or has not been adopted, and is not likely to be placed into adoption within a reasonable period, and remains in the custody of a county child welfare system
- The termination of the parent’s rights did not result from sexual abuse, child abuse, egregious neglect, or an act of criminal violence
The court will not consider a reinstatement of parental rights until at least three years have passed since the date of the termination. A family lawyer in Denver can help guide you through the legal process after losing your parental rights.
The Hearing for Reinstating Parental Rights In Colorado
After a parent, guardian ad litem, child over the age of 12, or a county child welfare agency files a petition to reinstate parental rights, the court schedules a hearing within 60 days of the petition’s filing date. During the hearing, the parent must demonstrate that their case meets the appropriate conditions for reinstatement. A judge considers all relevant evidence presented in court.
The court must meet the standard of making decisions in the child’s best interest, including deciding whether or not to reinstate parental rights. If the petitioner has not met the requirements, the court will dismiss the petition. If the court finds that reinstating parental rights is in the child’s best interest, the judge will reinstate the parent’s full parental rights and obligations.