In Re Dis
249 P.3d 775
| Colo. | 2011Background
- Parents consented to an unlimited guardianship under Colo. Rev. Stat. §15-14-204(2)(a) to care for D.I.S. due to mother's health issues; guardians appointed in Colorado Springs with authority over care, education, health and welfare; guardianship order did not limit parental decision-making beyond requiring consultation for major decisions; over years, parents sought reunification as mother's health improved; district court initially found termination would be best but placed burden on parents to prove termination is in child's best interests; court of appeals affirmed, holding no Troxel presumption for terminations of consensual guardianships; court reversed, holding parents retain a Troxel presumption when seeking termination and guardians bear preponderance burden to show not in best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Troxel presumption applies to termination of a consensual guardianship | Sidmans retain presumption | Guardians may prevail without parent's presumption | Yes, presumption applies and burden on guardians |
| What standard of proof governs termination of a consensual guardianship | Preponderance of evidence sufficient | Clear and convincing standard required | Preponderance of the evidence standard for guardians to prove termination is not in best interests |
| Does the parental presumption extend when guardianship is unlimited and parents have suspended rights | Presumption covers termination proceeding | Presumption limited by order terms | Presumption applies unless order expressly limits it |
| Who bears the burden of proof in termination proceedings | Parent bears burden to prove best interests | Guardian bears burden to prove not in best interests | Guardians bear burden by preponderance when presumption applies |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (parents have fundamental liberty interest in child custody; presumption to favor fit parents; special weight standard)
- In re Adoption of C.A., 137 P.3d 318 (Colo. 2006) (presumption in favor of parental visitation; overcome only by clear and convincing evidence)
- In re B.J., 242 P.3d 1128 (Colo. 2010) (Troxel presumption applies to custody disputes; burden-shifting in guardianship context clarified)
- C.C.R.S., 892 P.2d 246 (Colo. 1995) (presumption that parent’s pursuit of custody is in child’s best interests when evaluating custody disputes with non-parents)
- Wilson v. Mitchell, 48 Colo. 454, 111 P. 21 (Colo. 1910) (early recognition of parental right to custody absent contrary best interests)