D.  Terminating Legal Rights of the Other Parent

C.R.S. § 19-5-105(5)
Notice of the relinquishment must be given to any other possible birth parent. It must include a termination warning. Proof of notice must be filed before the hearing. If no one has been identified as the other parent, the court may order notice by publication or public posting. 

C.R.S. § 19-5-105(3.6)
The child’s current or former custodian may intervene at the termination proceeding, to present evidence of the non-relinquishing parent’s contact with the child, the best interests of the child, and the custodian’s suitability as placement for the child.

C.R.J.P. 6.3(3)
C.R.C.P. 4(h)
An affidavit must accompany any motion for service by publication of an absent parent, detailing what steps have been taken to determine the whereabouts of the absent parent. A single publication is sufficient.

C.R.S. § 19-5-105(4)
The court must terminate the parental rights of an unknown parent. The court must be unable to identify the father after questioning the mother, and there must be no other person claiming custodial rights. If the order is not appealed within thirty days, it may not be challenged except for fraud on the court or a party. After ninety days, the order may not be challenged for any reason.

C.R.S. § 19-5-105(3)
The court must terminate parental rights of a parent who does not appear. If a parent waives the right to appear, the court must also terminate the parent-child legal relationship.

C.R.S. § 19-5-105(3)
The court must terminate the parental rights of a parent who does not want full custody. If a parent appears but is not willing to assume legal and physical custody, taking into account the child’s age, needs and individual circumstances, the court must terminate the parental rights.

Catholic Charities in the Interest of C.C.G., 942 P.2d 1380 (Colo. App. 1997)
For example, an incarcerated parent’s right could be terminated for this reason.
C.R.S. § 19-5-105(3.1)
The court may terminate the other birth parent’s parental rights upon a finding that termination is in the best interests of the child and that there is clear and convincing evidence that:
  • The parent is unfit;  or
  • Does not have a substantial, positive relationship with the child, or
  • Has not promptly taken substantial parental responsibility.
C.R.S. § 19-5-105(3.1)(a)
In evaluating unfitness, the court should consider whether the parent has:
  • Mental health issues;
  • Two prior D&N adjudications;
  • Substance abuse;
  • Violent history;
  • Prior termination of parental rights;
  • Abusive conduct;
  • Injured a child;
  • Injured the child’s sibling; or
  • Neglected a child.
C.R.S. § 19-5-105(3.1)(b)
In evaluating the parent’s relationship with the child, the court should consider whether the parent has:
  • Maintained regular and meaningful contact with the child;
  • Openly lived with the child for at least 180 days or, for a child under a year old, at least half the child’s life; and
  • Openly held out the child as his or her own.
C.R.S. § 19-5-105(3.1)(c)
In evaluating parental responsibility, the court should consider whether the parent has failed to:
  • Answer a notice of termination within 30 days;
  • File a paternity action within 30 days after the child’s birth or after receiving notice he is the likely father;
  • Pay regular and reasonable child support;
  • Assist in paying medical costs of pregnancy and birth.
C.R.S. § 19-5-105(3.3)
For infants, interference by the custodian is a defense. The parent may allege that the relinquishing parent or child’s custodian created impediments to establishing a relationship with, taking responsibility for, or properly providing for a child under a year old. The parent must prove this affirmative defense by a preponderance of the evidence.

C.R.S. § 19-5-105(3.2)
The court must give primary consideration to the child, including the child’s physical, mental and emotional condition and needs. The court must factor in the strength and length of the child’s strong, positive bond to the current custodian and whether removal would cause the child significant psychological harm.



The court may ask the following questions in making a decision on termination:
  • Is the other parent known?
  • Has the other parent received notice?
  • Has the other parent waived the right or failed to appear?
  • Does the other parent seek full custody of the child?
  • Is the other parent unfit?
  • What is the other parent’s relationship with the child?
  • What parental responsibility has the other parent taken?
  • Is the child bonded with the current custodian?
C.R.S. § 19-5-105(3)(a)
The court may decide not to terminate the other parent’s rights. If so, the court may award custody to that parent or to the child’s custodian.

C.R.S. § 19-5-105(3)(b)
The court may order a dependency and neglect (D&N) petition be filed and make any necessary temporary orders. This may be appropriate if the relinquishing parent abandons the child before being counseled.

C.R.S. § 19-5-105(3.4) & (3.5)
The court should award custody based on the child’s best interests. There is a presumption the child should remain with the custodian if the child has been there more than a year. The court must, however, grant custody to a parent who has a substantial, positive relationship with the child and who has undertaken substantial parental responsibility, if it is in the child’s best interests.