# People ex rel. A.M.K.

> Colorado Court of Appeals · February 27, 2003 · 68 P.3d 563

URL: https://www.frixlaw.com/law-library/cases/5151126

## Case

- **Full name:** The PEOPLE of the State of Colorado, In the Interest of A.M.K. a Child, Upon the Petition of Billy W. Hargrove and Sherry L. Hargove, and Special and Concerning Jeff Lewis
- **Court:** Colorado Court of Appeals
- **Decided:** February 27, 2003
- **Citations:** 68 P.3d 563; 2003 Colo. App. LEXIS 283
- **Precedential status:** Published
- **Opinion:** Concurrence by Vogt
- **Judges:** Graham, Jones, Vogt
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5151126

## How later opinions describe it (automated extraction)

- discussing a court’s statutory obligation to consider certain factors in allocating parental responsibilities
- noting that district court need not make findings on each and every statutory best interests factor, provided the court considered the “pertinent factors”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5151126. Public record. Not legal advice.