Parenting is a complex biological, legal, and emotional reality. Bringing a child into the world does not always mean an individual is able or willing to parent the child the way a child needs and deserves. Relinquishing parental rights can be an act of love, knowing it will lead to greater stability and well-being for the child.
Before relinquishing parental rights, it’s imperative to fully understand the process and the permanent consequences of the decision. To discuss your unique case with a legal professional, reach out to our experienced child custody lawyers in Denver for a free case evaluation.
Colorado protects a parent’s right to raise their own children. Under Colorado HCR24-1005, the state’s General Assembly defines parental rights as “fundamental” and states the following:
“The right to direct the parent’s child’s education, upbringing, and moral or religious training; to enroll the parent’s child in a public school, private school, or any other school choice option; to consent to medical or mental health-care treatment for the parent’s child; to be promptly notified if an employee of the state suspects that a criminal offense has been committed against the parent’s child…”
The Parents’ Bill of Rights includes additional rights regarding decision-making authority over the child’s education and healthcare.
Colorado family courts make all decisions in the best interests of the child, including granting a voluntary termination of parental rights when all involved parties agree that it’s in the child’s best interests to do so.
The court in Colorado can terminate a parent’s rights for specific reasons, including in cases of abandonment, physical or sexual abuse, severe neglect, or incarceration. Involuntary termination of parental rights is not the only way that a parent’s rights may end. A parent can voluntarily relinquish their rights. Terminating parental rights ceases the parent’s access to their child and ends all legal and financial obligations to the child.
Relinquishing parental rights is a tremendous decision with serious permanent consequences. It’s crucial to consider all aspects of relinquishment before making the decision. The most common reasons for voluntary relinquishment of parental rights include the following:
In most cases, the court considers continued close contact with both parents to be in the child’s best interests, but this is a rebuttable presumption. Depending on the unique circumstances of a case, it may be in a child’s best interest to terminate the parental relationship, either when a parent voluntarily relinquishes their parental rights or when a court finds the parent unfit.
The law no longer recognizes an individual as a child’s parent once they’ve relinquished parental rights.
Giving up parental rights can be a loving and responsible choice when it is in a child’s best interest; however, because terminating parental rights in Colorado is permanent and irrevocable, a parent should carefully consider all other options before voluntarily relinquishing their rights and obligations to their child.
Much depends on the unique circumstances of the case, but a parent considering giving up their parental rights should examine each of the following alternative options in case one is an appropriate remedy for their situation:
Except in very rare, exceptional circumstances, relinquishing parental rights is permanent and irreversible. A parent should undertake this process only after careful consideration of all available options, including the advantages and disadvantages of terminating parental rights for both the parent and the child.
It’s also important to consider that the court does not automatically grant a parent’s request to terminate parental rights. In keeping with the “child’s best interest” standard described under Rev. Stat. § 19-1-102(1), (1.5), the court only terminates parental rights when it is best for the child.
When both of a child’s parents are alive, one parent cannot relinquish their parental rights in Colorado without the consent of the other parent. This prevents a parent from relinquishing parental rights for the purpose of avoiding a child support obligation. If one parent is living and has an established relationship with the child, they must give consent before the other parent can voluntarily terminate their rights.
The court requires a parent to meet specific criteria before a judge will terminate parental rights. The process includes the following necessary steps:
Depending on the reasons for the relinquishment of parental rights, one or both parents may file the petition and submit the required paperwork. A divorce attorney in Denver should guide this process and provide essential legal counsel throughout to ensure you understand your rights and obligations under Colorado law.
Whether you are contemplating the decision to relinquish your parental rights, you are seeking a co-parent’s voluntary relinquishment of their rights to your child, or your child’s other parent wishes to relinquish their parental rights for reasons of their own, it’s an enormous, life-altering decision for all involved, including the child.
It’s crucial to seek legal counsel before finalizing your decision and embarking on the legal process. Call Ciancio Ciancio Brown, P.C., today to learn more about your rights and the consequences of this life-changing decision.
