Longmont, CO asked in Family Law and Child Custody for Colorado

Q: Can I petition proof of on going counseling be submitted to a judge before terminating guardianship for safety of minors

I was approved guardianship of my nieces they were removed for abuse allegations I understand I have no right to request proof medical compliance but for safety of the minor children can the info be petitioned to be submitted to the judge

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: The judge should require proof of compliance as a condition of removal of your temporary guardianship and/or a party request for non-supervised visitation. You can certainly request (or remind) the judge verify the compliance. You probably will not be able to view the details the treatment. I assume this case is not settled and depending on the age of the children, the guardianship may convert into a permanent guardianship or full adoption (you will need to consent if the court decides this is the best approach).

I do not know if you have been to a status conference hearing yet, but most judges in removal cases are very sympathetic to special parties/interveners who exist to protect the children and stabilize the children's lives. The hearing are the best place to express concerns, etc. The judge always has to balance the child's interest against the rights of the parents (even if they are not the best parents) and Colorado law (and occasionally federal law), so not every request is granted.

Dependency and neglect cases (which may include a voluntary removal without Social Services involvement) are hard cases for judge--there are a lot of people's interests that need to considered. Sometimes the system works; sometimes it doesn't (the ones that don't resolve well tend to be the ones that judges remember). If you characterize yourself as part of the solution to stabilize the children and, likely, allow the parents back into the children's lives after treatment/parenting classes (Colorado law functionally requires reunification in all but the most extreme cases of abuse or inability to care for the children) you can get a lot of cooperation from most judges.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: You can absolutely ask the judge to require proof of the counseling before changes are made or kids are returned. Not sure if this is a dependency and neglect case, which it seems it could be based on you indicating kids "were removed for abuse." If so, you should also express your concerns to the GAL and social worker, who would normally require proof of the counseling before recommending changes.

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