discussing a court’s statutory obligation to consider certain factors in allocating parental responsibilities
How later courts described this case
- discussing a court’s statutory obligation to consider certain factors in allocating parental responsibilities
- facial challenge to § 14-10-123(l)(b) and (e), C.R.S.2003, not considered because attorney general not notified as required under § 13-51-115, C.R.S.2003; Vogt, J., concurring specially to emphasize the Troxel presumption of the legal parent’s first and prior right to custody may be rebutted by evidence establishing that the child’s welfare is better served by granting custody to a nonparent
- facial challenge to § 14-10-123(1)(b) and (c), C.R.S.2003, not considered because attorney general not notified as required under § 13-51-115, C.R.S.2003; Vogt, J., concurring specially to emphasize the Troxel presumption of the legal parent's first and prior right to custody may be rebutted by evidence establishing that the child's welfare is better served by granting custody to a nonparent
- noting that district court need not make findings on each and every statutory best interests factor, provided the court considered the “pertinent factors”
Written by the judges who cited it.
The opinion
Judge VOGT
specially concurring.
I agree that the case must be remanded because the trial court's order does not reflect that it considered the presumption in favor of the biological father when it allocated parental responsibilities for A.M.K.
I write separately, however, to emphasize that this presumption is rebuttable. In In re Custody of C.C.R.S., 892 P.2d 246, 256 (Colo.1995), the supreme court stated: "This presumption [that the biological parent has a first and prior right to custody] may be rebutted by evidence establishing that the welfare of the child-i.e., the best interests of the child-is better served by granting custody to a non-parent." I perceive nothing in Troxel v. Granville, 530 U.S. 57 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000), that would warrant a conclusion that that statement by our supreme court is no longer good law, or that would preclude the trial court on remand from determining, based on the evidence previously presented, that the presumption has been rebutted.