Parental Rights in Colorado

Colorado Parental Rights News

Parents’ Efforts Around the Country Starting to Pay Off!

March 17, 2022

Across the nation, some state legislatures are starting to adjourn for the year. Others have reached cross-over day, where bills have to pass from one chamber to another or they’re dead for the year. Still other legislatures remain in full swing. All this year, ordinary moms and dads like you, with your energy and passion,…

Be sure to sign up for alerts!

Colorado State Law and Parental Rights

At Risk

Although the legislature made a legislative declaration in 2003 that states that parental rights are fundamental, it is not a legally binding section of law and will not protect parental rights as fundamental in most instances.

Col. Rev. Stat. § 13-22-107(1)(a)(III):

(1)(a) The general assembly hereby finds, determines, and declares it is the public policy of this state that: . . . (III) Parents have a fundamental right and responsibility to make decisions concerning the care, custody, and control of their children. The law has long presumed that parents act in the best interest of their children. . . .

Don't Miss a Critical Issue!

Be sure to sign up for our newsletter to keep posted on parental rights in both your state and nationwide. Through our volunteer network, we monitor the law in all the states. We then pass on important updates and action items.

Colorado Courts and Parental Rights

Unclear

Col. Rev. Stat. § 13-22-107(1)(a)(III) expressly declares parental rights "fundamental," which may lead to strict scrutiny protection the next time the issue comes up in the courts.

  • In re Reese, 227 P.3d 900, 902-3 (Colo. Ct. App. 2010) the Colorado Court of Appeals adopted  a "rebuttable presumption" in favor of parental visitation determinations, which can be rebutted by "clear and convincing evidence that the parent is unfit or that the parent's visitation determination is not in the best interests of the child," id. at 903; the rebuttable presumption is employed because Troxel did not "state how the presumption affects the proof process or how courts must accord special weight to it," id. at 902.