The term parental rights refers to a parent’s legal rights and responsibilities to their child. Parents have a legal responsibility to financially support their children and the right to physical and decision-making custody.
Parental rights are upheld by the Colorado court, which makes all family court decisions with the child’s best interests as its highest priority; however, there are some circumstances under which the Colorado court will terminate a parent’s rights. The termination of parental rights can occur either voluntarily or involuntarily. Reach out to our child custody lawyer today for a free consultation.
When Can the Court Terminate Parental Rights?
Colorado law requires the court to act in the child’s best interests in all decisions. Under most circumstances, the court considers continued close contact with both parents to be in a child’s best interests. When deciding whether or not to terminate parental rights, the court’s goal is to protect the best interests of the child.
When the court terminates a parent’s parental rights, the parent no longer has the right to physical custody, legal decision-making for the child, or the right to visitation. They also no longer have a legal obligation to support the child financially.
A court may terminate parental rights in Colorado under circumstances such as those described below.
Child Abandonment
The court may consider terminating parental rights if a parent has abandoned or ceased caring for their child for six months or more without showing any intention to resume caring for the child. It’s also considered child abandonment when a child’s parents remain unknown for three or more months.
Habitual Patterns of Child Abuse
If a parent subjects their child to multiple instances of abuse, including physical or sexual abuse, or exposes them to extreme cruelty or torture, the court may terminate the parent’s rights. Even if the parent’s pattern of abuse has been aimed solely at a sibling, the court may still terminate the parental rights of a parent to a non-abused child.
Serious Mental Illness or Impairment
If a parent’s mental illness, psychiatric disorder, or extreme mental deficiency leaves them incapable of caring for and supporting a child, the court may terminate the parent’s rights if there is no reasonable expectation of improvement in the parent’s mental or emotional condition.
A Parent’s Unfitness
If the court determines that a parent’s actions demonstrate that they are not fit to care for a child, the court may terminate the parent’s rights. For instance, if the parent is convicted and incarcerated for committing a violent crime, has a long history of severe substance abuse, or has shown repeated instances of dangerous child neglect.
Causing Permanent Injury to a Child
If a parent’s actions cause severe or catastrophic injury to a child, for example, if they drove while intoxicated and severely injured their child in a car accident, the court may terminate their parental rights. The penalties for child endangerment are serious, contact our child custody attorneys today.
Failing to Comply With a Court’s Treatment Plan
If a court determines that a parent must undergo treatment, such as attending an addiction-rehabilitation program or anger management program, to share custody or gain visitation rights with their child, but the parent fails to comply with the recommended treatment, the court may terminate their parental rights.
Voluntary Vs. Non-Voluntary Termination of Parental Rights
There are two categories for the termination of parental rights in Colorado: voluntary or involuntary termination. Voluntary termination of parental rights occurs when a parent agrees to relinquish their rights and responsibilities toward their child.
This typically occurs when another person seeks parental rights over the child, such as during an adoption, stepparent adoption, or foster child adoption. A voluntary termination of parental rights is permanent and irrevocable; therefore, a parent should carefully consider all aspects of the decision before voluntarily giving up their parental rights.
The non-voluntary termination of parental rights occurs when someone other than the parents themselves petitions the court seeking the termination of a biological parent’s parental rights. The termination of parental rights in Colorado is a necessary step in many other legal processes that determine a child’s care and custody.
What Is the Goal of Terminating Parental Rights?
The court does not just indiscriminately choose to terminate a parent’s rights. Instead, the termination of parental rights occurs in response to a petition filed against the parent in a Colorado court. The most common reasons a person seeks the termination of their own parental rights or a parent, non-parent, or government entity seeks to terminate the rights of another parent are as follows:
- To facilitate an adoption, including the private adoption of an infant, a stepparent’s adoption of a stepchild, or a foster child adoption
- To acknowledge an inability to care for a child due to incapacity, substance abuse, incarceration, or mental illness
- When a child has been in foster care for 15 out of the most recent 22-month period, except in cases of a child placed with a family member, or when the parent was unable to regain custody of their child due to incarceration, incapacity, or other mitigating factors
The involuntary termination of a parent’s rights is considered a last resort in Colorado family court because it permanently severs the parent’s right to physical and decision-making custody of their child and also releases them from financial obligations, such as child support.
The court only proceeds with the termination of parental rights when there is compelling evidence that the termination is in the child’s best interest, such as when a parent is unable or unwilling to provide a safe, nurturing environment for their child.
Who Can Seek the Termination of Parental Rights In Colorado?
Only a legal party with standing in the eyes of the Colorado family court can seek the termination of parental rights. Those with standing to terminate parental rights in Colorado include the following:
- A biological parent may voluntarily terminate their own parental rights or petition for the termination of the other biological parent’s parental rights
- An agency such as the foster care system or child welfare agency
- A stepparent or other entity that has custody of the child and legal standing in court
Termination of parental rights is a serious matter. The court only considers a termination to free a child for adoption, which would allow them to enjoy a more stable and nurturing home environment.
How Can a Colorado Family Lawyer Help?
Whether you wish to voluntarily terminate your parental rights to allow your child to be adopted, you are seeking an involuntary termination of another parent’s rights to free a child for adoption, or your child’s other parent has filed a petition to terminate your rights to your child, you need a family lawyer with experience in this sensitive area.
Call the Denver, CO family attorneys at Ciancio Ciancio Brown, P.C. to protect your rights while always prioritizing the best interests of the child in accordance with state law.