Parental Rights in Colorado
Colorado Parental Rights News
Support Parental Rights Legislation in Colorado
Our friends at LetGrow are preparing to introduce new parental rights legislation this year in Colorado, and they’re inviting concerned parents to join them in an online information session this coming Monday, January 24, at 5pm via Zoom. Please click to register at https://us02web.zoom.us/webinar/register/WN_ZUvUKimnRpq_KSL9RNy_4A or http://bit.ly/kidsindependence. At least two potential bill sponsors plan to attend…
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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!
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.