Parental Rights in Colorado

Colorado Parental Rights News

States Take Up Parental Rights Legislation

January 15, 2020

The new legislative year is underway across the country, and in Florida and Colorado we’re championing promising bills to protect parental rights. (For more about the Florida bills and the Florida legislature’s committee challenges, check out this week’s Parental Rights Podcast with special guest, State Coordinator Patti Sullivan.) Colorado HB 20-1063 In Colorado, Rep.…

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Colorado State Law and Parental Rights


We did it! Thanks in part to your support, Colorado law now explicitly protects parental rights.

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. . . .

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Colorado Courts and Parental Rights


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.