This guide provides an overview of how to give up parental rights. Topics covered include reasons for terminating rights, due process concerns, time deadlines, proving why termination is in the child's best interests, and state involvement in the termination process.
Colorado USLegal Guide to How to Relinquish Custody
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Multi-State
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US-GDE-13
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Word;
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FAQ
If your child custody arrangement is no longer serving the best interests of your child, you have the right to seek a modification from the court. In order to do so, you need to show the court that a material change of circumstances has affected the efficacy of the original parenting plan.
The parent must also have failed to make a reasonable effort to maintain contact with the child. If any of these conditions extend past six months, it is grounds for termination of parental rights.
However, this is now simply a myth. Colorado is neither a ?mom state? nor a ?dad state? when deciding on child custody. It's also not an ?automatic 50-50 parenting time state.? Here's how it works. For legal advice on your specific situation, consult a trusted child custody attorney.
The noncompliant parent could face sanctions (paying the other party's attorney's fees and court costs for enforcing the order). A motion for contempt may be filed for physical noncompliance, such as withholding the child, or for financial noncompliance, such as not paying for schooling costs for a minor child.
A guardianship is an exclusive power, so it takes away the parent's rights to make decisions for the child and gives that authority to the guardian, within the scope of the guardianship order, until the guardianship is modified or terminated. Guardianship does not terminate the parent's parental rights.
If a parent or guardian wishes to prove child abandonment, they must be willing to present their case to the court, along with reasonable evidence of abandonment. The accused party will be then be notified and given time to respond to the accusation.
The Bottom Line: Colorado's family courts would rather see children benefit from the love and care of their parents, but a court will allow you to voluntarily relinquish your parental rights if it's in the best interest of the child.
* Both you and the other parent will need to go to counseling to discuss giving up the child. Each parent will give their own JDF 453 Affidavit of Relinquishment Counseling form to the counselor to fill out proving that you both went to counseling. The counselor will sign both forms and return the forms to you.