Quick Answer: Termination of parental rights in Colorado is a legal process that permanently ends the parent-child relationship. Once a court enters a termination order, the parent no longer has legal rights or responsibilities toward the child, including decision-making authority or child custody.

Termination of parental rights is one of the most serious actions a Colorado court can take. Because it permanently severs the legal bond between parent and child, judges review these cases with careful scrutiny and apply strict legal standards.

Parents involved in termination proceedings in Denver, Brighton, North Denver, Adams County, or elsewhere in Colorado should fully understand the long-term legal consequences before moving forward.

The information and video below explain how termination works, when it may be granted, and the options available in your situation.

Table of Contents
What Are Parental Rights?
Voluntary vs. Involuntary Termination
Voluntary Termination
Stepparent Adoption and Parental Rights
Reinstatement of Parental Rights
Adoption and Father's Rights
Parental Rights and Locating a Parent
Involuntary Termination
Termination of Parental Rights and Child Support
Alternatives to Termination of Parental Rights

What Are Parental Rights?

Parental rights refer to the legal authority parents have to make important decisions about their child’s life. These rights are exercised with the child’s best interests in mind and generally include the right to:

• Have physical custody and possession of the child
• Make decisions about discipline and daily care
• Manage and control the child’s earnings and property
• Have the child bear the parent’s name
• Consent to or object to the child’s adoption
• Receive support from the child once the child reaches adulthood, in certain circumstances

In addition to these rights, parents also have legal responsibilities. They are expected to provide their child with basic necessities, including food, shelter, clothing, medical care, and education. When a parent fails to meet these obligations, the court may consider termination of parental rights.

Voluntary vs. Involuntary Termination of Parental Rights

In Colorado, termination of parental rights generally occurs in one of two ways:

• Voluntary termination, when a parent asks the court to relinquish parental rights.
• Involuntary termination, when a court terminates a parent’s rights based on statutory grounds.

In both cases, termination is permanent and must serve the child’s best interests.

When Can a Parent Voluntarily Terminate Parental Rights?

The decision to voluntarily terminate parental rights is never easy. For many parents, it involves complicated emotions, difficult circumstances, and a desire to do what they believe is best for their child.

Because children have a legal right to stability, financial support, and a relationship with their parents, Colorado courts carefully review any request to relinquish parental rights. Voluntary termination is most commonly approved in connection with adoption, where another adult is prepared to step into the role of legal parent.

In those cases, a biological parent agrees to give up their parental rights so that the adoptive parent can assume full legal responsibility for the child.

Stepparent Adoption and Giving up Parental Rights

One situation that comes up quite frequently is that of stepparent adoption. In such cases, one of the biological parents terminates their rights in order for the child’s stepparents to proceed with the legal action required to adopt the child. This can only be done with the consent of both biological parents. 

This process generally requires:

• Consent from both biological parents (unless one parent’s rights have already been terminated)
• Court approval
• Completion of the legal adoption process

Once the adoption is finalized, the stepparent becomes the child’s legal parent and assumes all rights and responsibilities.

Outside of adoption, courts rarely approve parents signing away parental rights.

Can Parental Rights Be Reinstated in Colorado?

In limited circumstances, Colorado law allows parental rights to be reinstated after termination, yet reinstatement is not automatic and is granted only when specific legal requirements are met.

Reinstatement may be possible if:

• The child has not been permanently adopted
• A permanent placement has not been secured within the required timeframe
• The court determines that restoring parental rights is in the child’s best interests
• The parent has resolved the issues that led to termination and can now provide a safe, stable home

A county social services department or the child’s guardian ad litem may file a petition asking the court to reinstate those rights.

What Happens After Adoption?

Once a child has been legally adopted, reinstating parental rights becomes extremely difficult.

After an adoption is finalized:

• Birth parents generally have 90 days to challenge the adoption
• They must prove consent was obtained through fraud or duress
• Courts will not reverse an adoption simply because a parent changes their mind

Because reinstatement of parental rights in Colorado is rare and highly fact-specific, anyone considering this step should speak with an experienced family law attorney as soon as possible.

Can Termination of Parental Rights Occur Against a Child’s Wishes?

In Colorado, the law allows for children over the age of 12 to object to their parents losing their rights. If the child is determined to be mature enough and mentally capable of making their preferences known, the courts will not terminate rights against their will.

Parental Rights at Birth: Can a Father’s Rights Be Terminated?

When a child is placed for adoption at birth, one of the most common concerns involves the father’s parental rights.

Under Colorado law, whether a mother can move forward with adoption without the father’s consent depends largely on two factors: the parents' marital status and whether the father has legally established paternity.

If the Parents Are Married: The husband is legally presumed to be the child’s father. His consent is generally required before an adoption can proceed.

If the Parents Are Not Married: The biological father must first establish paternity in order to assert Colorado parental rights.

A father may establish paternity by:

• Signing the birth certificate
• Filing an acknowledgment of paternity
• Completing genetic testing
• Registering with Colorado’s putative father registry

Once paternity is established, the father has the right to contest the adoption.

If no father has been legally identified, the mother may proceed with relinquishment through an adoption agency or directly to adoptive parents, subject to statutory notice requirements.

What happens to a parent's rights if he/she cannot Be Located?

In some termination of parental rights cases, one parent cannot be identified or located. Most often, this issue arises when a child’s biological father has not been legally established.

Importantly, a parent’s rights are not automatically terminated simply because they cannot be found.

What must be done to locate an absent father?

Colorado law requires reasonable efforts to identify and notify potential fathers before terminating parental rights.

These efforts may include:

• Providing the court with the name of anyone the mother was married to or living with at the time of conception
• Identifying possible biological fathers
• Listing anyone who paid or promised child support or claimed to be the father

If a father cannot be located after reasonable efforts, the court may require notice by publication. If no one comes forward within the required timeframe (typically 35 days), the court may proceed with termination.

When Can a Court Involuntarily Terminate Parental Rights in Colorado?

A Colorado court may order involuntary termination of parental rights if it finds, by clear and convincing evidence, that termination is in the child’s best interests and that specific legal grounds exist.

If parental rights are terminated, the parent is no longer the child’s legal parent. In many cases, these proceedings are initiated by county human services departments in Denver County or surrounding Colorado jurisdictions.

Common grounds for involuntary termination include:

• Abandonment of the child
• Chronic neglect or failure to comply with a court-ordered treatment plan
• Failure to attend scheduled visitations without good cause
• Severe or repeated abuse
• Serious bodily injury or death of a sibling caused by abuse or neglect
• Mental illness, emotional illness, or mental deficiency that prevents the parent from safely caring for the child within a reasonable time
• Long-term incarceration, particularly when the parent will not be eligible for parole for several years
• A finding that the parent is unfit and unlikely to change within a reasonable time

Courts do not take termination lightly. Before terminating parental rights, judges often give parents opportunities to correct the issues through family therapy, rehabilitation programs, parenting classes, or compliance with treatment plans.

However, if a parent believes their rights may be at risk, it is critical to seek legal guidance from an experienced attorney. Termination of parental rights is permanent, and early action can make a significant difference.

What If a Parent Has Abandoned the Child?

The same legal principles apply to absent mothers or fathers.

If a parent leaves a child in another person’s care for an extended period, often six months or more, and fails to provide support or maintain contact, the court may consider this abandonment.

If there is no effort to resume parenting responsibilities and the situation is unlikely to change, the court may terminate that parent’s rights.

termination of Parental Rights and Child Support

In some situations, a parent may consider terminating parental rights to end child support obligations. In other cases, a custodial parent may believe that doing so could reduce conflict or eliminate the need to continue co-parenting with a difficult former partner.

However, under Colorado law, avoiding child support or parental responsibilities is not a valid basis for termination of parental rights. Courts will not approve a request simply to relieve a parent of financial obligations. If a judge determines that termination is being sought for that purpose, the request will be denied.

Can You Terminate Parental Rights and Still Pay Child Support?

If parental rights are legally terminated as part of an adoption, future child support obligations typically end. Despite this:

• Past-due child support remains enforceable.
• Termination is rarely granted without another parent stepping into the legal role.

Can Poverty Lead to Termination of Parental Rights?

Colorado law does not automatically prevent termination of parental rights when a parent is experiencing financial hardship. However, courts carefully consider whether concerns about a child’s care stem from a parent’s inability to provide resources versus an unwillingness to meet parental responsibilities.

Parents facing financial challenges should not wait to seek help. Legal guidance and community support services may be available to help stabilize the situation and protect both the parent-child relationship and the child’s well-being.

Alternatives to Termination of Parental Rights

The decision to relinquish parental rights, or to seek termination of another parent’s rights, is deeply significant. These situations often arise during periods of stress, conflict, or uncertainty. While the impulse to resolve ongoing difficulties quickly is understandable, termination of parental rights is permanent and should be approached with careful consideration.

Before pursuing termination, parents may want to explore alternatives such as:

• Supervised visitation
• Modification of parenting time
• Child support modification 
• Counseling and mediation
• Using the court to settle conflicts when doing so with the other parent isn’t possible
• Complying with orders from social services and other government agencies
• Giving temporary custody or guardianship to another

In most cases, children benefit from having a healthy and appropriate relationship with both parents whenever it is safe and feasible. Exploring less permanent solutions may help preserve stability while addressing the concerns at hand.

Speak With a Colorado Family Law Attorney

The decision to give up parental rights, or to seek termination of another parent’s rights, is life-altering. The same is true if you are trying to defend or reinstate your parental rights. These cases carry permanent legal consequences and can deeply affect both you and your child’s future.

If the state or your child’s other parent is attempting to terminate your parental rights, it is completely natural to feel overwhelmed, frustrated, or uncertain, yet these matters require careful legal strategy, not rushed decisions.

An experienced Colorado family law attorney can help you understand your rights, evaluate your options, and develop a clear path forward.

If you are facing a termination of parental rights case in Denver, North Denver, Brighton, or surrounding Colorado communities, the team at Tolison & Williams is here to help. Contact us today to discuss your situation and protect what matters most.

Termination of Parental Rights: Frequently Asked Questions

How do I terminate the parental rights of a non-custodial parent in Colorado?

To terminate the parental rights of a non-custodial parent, you must file a petition with the court and prove that legal grounds exist under Colorado law. Termination generally requires clear and convincing evidence of abandonment, unfitness, or failure to comply with a treatment plan. Courts will only grant termination if it is in the child’s best interests.

What is the difference between voluntary and involuntary termination of parental rights?

Voluntary termination occurs when a parent agrees to relinquish parental rights, typically in connection with adoption. Involuntary termination happens when the court terminates a parent's rights due to abuse, neglect, abandonment, or other statutory grounds. In both situations, termination is permanent.

Can a parent give up parental rights without the other parent’s consent?

In most cases, court approval is required to give up parental rights. If adoption is involved, both biological parents generally must consent unless one parent’s rights have already been terminated or specific statutory exceptions apply.

Does signing away parental rights stop child support in Colorado?

Future child support obligations typically end only if parental rights are legally terminated as part of an adoption. However, past-due child support remains enforceable even after termination.

How long does a termination of parental rights case take?

The timeline varies depending on whether the termination is voluntary or contested. Involuntary termination cases may take several months or longer due to hearings, evidence requirements, and court scheduling.

Can a parent contest termination of parental rights?

Yes. A parent has the right to contest a petition seeking termination of parental rights. Because termination is permanent, courts provide parents with notice and an opportunity to be heard before issuing a ruling.

Is termination of parental rights the same as losing custody?

No. Losing custody or parenting time does not automatically mean parental rights have been terminated. Termination of parental rights permanently ends the legal relationship between parent and child.

Can both parents voluntarily terminate parental rights?

In most cases, termination requires that another adult be prepared to assume parental responsibility, such as in adoption. Courts are unlikely to terminate both parents’ rights unless there is a legal plan in place for the child’s care and stability.

Have additional questions? Schedule a free consultation with our experienced family law team at Tolison & Williams