parental rights
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Appeals court clarifies defendant need not prove relationship with own children to modify restraining order
Colorado’s second-highest court clarified on Thursday that a defendant did not need to demonstrate the nature of his relationship with his biological children in order to argue that a no-contact order infringed on his constitutional rights. Last year, the Colorado Supreme Court issued a decision in Salah v. People, addressing what should happen when a convicted sex offender…
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Appeals court finds Denver judge relied on unsupported facts to restrict man’s parenting time
Colorado’s second-highest court concluded last week that a Denver judge made “clearly erroneous” findings about a father’s sobriety and his request for parenting time when she imposed strict conditions on visitations with his children. Following a virtual April 2024 hearing in which both parents were without a lawyer, then-District Court Judge Jennifer Torrington issued an…
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Appeals court finds judge did not punish man for religious beliefs when giving ex-wife parenting authority
Colorado’s second-highest court last month rejected a man’s claim that a Larimer County judge unconstitutionally penalized him for expressing religious beliefs critical of homosexuality when she awarded parental decision-making to his ex-wife. District Court Judge Laurie K. Dean gave Brandon Ribble’s ex-wife broad decision-making responsibility for the couple’s children as a result of their divorce.…
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Appeals court clarifies standards for no-contact orders involving children
Colorado’s second-highest court clarified last month that judges need to account for certain factors when deciding whether to loosen a defendant’s no-contact order against a child, and an El Paso County judge did not consider the proper criteria when refusing to modify the restrictions. Under state law, judges impose protection orders, also known as restraining…
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State Supreme Court takes up 2 drunk driving appeals, case about campus sexual misconduct
The Colorado Supreme Court on Monday agreed to review three appeals that implicate the state’s drunk driving laws and the legal obligation of universities to conduct fair investigations into alleged sexual misconduct. At least three of the court’s seven members must consent to review a case. One appeal raises yet another angle in the long-running fallout…
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Judge wrong to terminate mom’s parental rights without her or her lawyer present, appeals court says
The state’s Court of Appeals on Thursday reversed an Adams County judge who terminated a mother’s parental rights at a hearing in which neither she nor her attorney was present. A woman identified as J.L.S. gave birth to a child and within a week, Adams County initiated child welfare proceedings. The government then moved to…
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Arapahoe County judge was wrong to condition parents’ visits with child on drug tests: Appeals court
An Arapahoe County judge had no apparent legal basis to require two parents to submit to sobriety tests as a condition for visiting their child, Colorado’s second-highest court determined last week. Former District Court Judge Natalie T. Chase declined to permit a mother and father to resume in-person visits with a child identified as A.P.…
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State Supreme Court finds no problem with judge terminating parental rights as father struggled to log in
Colorado’s Supreme Court on Monday did not fault a Jefferson County judge for refusing to postpone a hearing in which she terminated a father’s parental rights, even as the man was unsuccessfully trying to connect to the proceedings virtually. The justices noted that Colorado law permits judges to end the legal relationship between a parent…
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Technical difficulties, constitutional rights at center of Colorado Supreme Court parental case
Members of the Colorado Supreme Court appeared leery on Tuesday of concluding a father experienced a violation of his constitutional rights when a Jefferson County judge terminated the legal relationship with his child. There was no dispute that the man, identified as R.B., had notice of the hearing and a lawyer who advocated on his…
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Facts did not support Boulder County judge’s finding of child neglect, appeals court says
A Boulder County judge did not have sufficient facts to definitively conclude a man had neglected his child, Colorado’s second-highest court ruled last week in reversing the trial court’s decision. In child welfare proceedings, formally known as dependency and neglect cases, a judge’s finding of neglect can eventually lead to the termination of the legal…