Quick Answer: Child abandonment is usually evaluated based on a parent’s conduct and intent over time. In some legal proceedings, such as dependency and neglect cases or termination of parental rights, Colorado law includes a 6-month timeframe that may support a finding of abandonment. In other family law matters, courts consider the totality of the circumstances rather than relying on a single deadline.
The subject of child abandonment is a tough one to address. The notion of a parent or caregiver walking away from their child can produce strong emotions. However, the interpretation of child abandonment and good parenting can widely differ between the two parents, especially when their relationships are otherwise tense.
In this post, we’ll talk about what child abandonment means, whether it always results in termination of parental rights, and how these unfortunate situations are handled by the Colorado courts.
What Is Considered Child Abandonment in Colorado?
Under Colorado law, child abandonment generally refers to a parent or legal guardian intentionally failing to provide care, supervision, or support for a child and failing to maintain a meaningful parental relationship. Whether child abandonment has occurred depends on the specific facts of the case and the legal context involved.
In Colorado family law matters, courts often look at a parent’s conduct over time, including whether the parent has stopped communicating with the child, failed to exercise parenting time, or failed to provide emotional or financial support. Child abandonment is not limited to physically leaving a child alone; a parent may be accused of abandonment even if the child is living safely with the other parent or a caregiver.
Child abandonment in Colorado may involve either a custodial or a non-custodial parent and is ultimately determined on a case-by-case basis, with courts focusing on the parent’s actions, intent, and the child’s best interests.
How Many Days Is Considered Child Abandonment?
In certain proceedings, such as dependency and neglect cases or termination of parental rights cases, Colorado statutes provide specific criteria that may support a finding of abandonment, such as:
- The parent has given up custody for 6 months or longer. During that time, they have made no effort to care for their child or to resume any sort of custody arrangement.
- The parent of a child is unknown and cannot be identified within 3 months. However, reasonable attempts must be made during that time to find the parent.
Outside of these statutory proceedings, such as in custody or parenting time disputes, Colorado courts do not rely solely on a fixed number of days. Instead, judges consider the totality of the circumstances, including whether the parent maintained contact, provided support, and demonstrated an intent to remain involved in the child’s life.
How Do You File Child Abandonment in Colorado?
There is no single form labeled “child abandonment” in Colorado. Allegations of abandonment are generally raised through motions or petitions in family court, juvenile court, or dependency proceedings. Because child abandonment claims can have serious legal consequences, it is strongly recommended to consult with an experienced Colorado family law attorney before filing.
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. They may also submit evidence and gather testimony to prove that they were in contact.
Filing For Parental Abandonment as Father
For fathers, only one of the two abandonment scenarios apply. The mother is, of course, always identified. So, fathers only report abandonment if the child’s mother has failed to make contact or maintain a relationship in many ways.
Filing For Parental Abandonment as Mother
For mothers, both scenarios listed above might apply. In the case that the father cannot be identified, the mother must show that she has attempted to locate and identify him.
Do Courts Treat Mothers and Fathers Differently?
Other than the minor differences listed above, Colorado family courts do not differentiate between abandonment by the mother or abandonment by the father.
What Does Not Count as Child Abandonment
Sometimes, the behavior of the other parent can be frustrating. They regularly miss visitation, fail to make timely child support payments, or simply don’t seem to care about their child’s needs. However, neither of these actions can be considered as abandonment.
Even though lackluster parental behavior may not be abandonment, it could still be sanctionable. The other party can request custody or visitation modification based on such grounds.
How Abandonment Affects Child Custody and Support?
If a child has been abandoned, the parent who is present may file for a modification of custody or full custody. In some cases, parental rights may be terminated. However, even a parent who has committed abandonment can fight this. In that case, you would be filing for involuntary termination of parental rights.
Keep in mind that a termination of parental rights may mean the parent is no longer obligated to pay child support. However, using abandonment as a pretext for escaping child support obligations is usually a bad strategy.
Final Thoughts: Best Interest of The Child
Colorado courts exercise quite a bit of discretion when dealing with abandonment. In one case, abandonment might lead to full termination of all rights and responsibilities. In another, the courts may support a plan to reintegrate a parent back into the life of a child. Sometimes, the court may determine the best course of action is no change at all.
Because the impacts of abandonment on a child can last well into adulthood, it’s wise to seek family counseling. Additionally, to best help a child coping with abandonment, the remaining parent should obtain strong legal representation to advocate for their child in the way they need. If you are considering hiring legal council to advocate for you on an issue of child abandonment or other family law areas in Colorado, don't hesitate to reach out for a free consultation!
FAQs About Child Abandonment in Colorado
What Does Filing for Child Abandonment Mean?
Filing for child abandonment typically means asking a Colorado court to review a parent’s conduct and determine whether it meets the legal standard for abandonment. This is usually done within an existing custody case, dependency and neglect proceeding, or termination of parental rights case, rather than through a standalone filing.
What Happens If You File Child Abandonment in Colorado?
After child abandonment is raised, the court will review the evidence and consider the child’s best interests. Possible outcomes may include changes to custody or parenting time, court-ordered services, dismissal of the claim, or, in severe cases, termination of parental rights.
Can a Non-custodial Parent Be Guilty of Child Abandonment?
Yes. A non-custodial parent may be accused of child abandonment in Colorado if they fail to maintain contact with the child, fail to exercise parenting time, or fail to provide financial or emotional support over an extended period of time.
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