Appeals Court Finds Denver Judge Improperly Terminated Father’s Custody Rights

By Michael Karlik | The Denver Gazette

Colorado’s second-highest court on Thursday determined the evidence did not support a Denver judge’s ruling terminating the legal relationship between a father and his child.

A three-judge Court of Appeals panel identified numerous instances where the facts contradicted the trial judge’s findings that the father lacked stable housing and was unable to be “a full-time parent.”

“The uncontested evidence showed that father could provide appropriate care for the child during all of the parenting time allotted to him. The juvenile court, though, appeared to expect father to prove his ability to care for the child full-time, rather than requiring the (government) to prove that, notwithstanding his success at family time, father was unable or unwilling to provide appropriate care,” wrote Judge Elizabeth L. Harris in the Sept. 11 opinion. “In other words, the court improperly shifted the burden to father to show fitness, rather than requiring the (government) to prove by clear and convincing evidence that he was unfit.”

As outlined in the court’s decision, Denver Human Services initiated child neglect proceedings in September 2023. At that time, the father, identified as C.F.C., was living and working out of state. None of the neglect allegations related to him.

After genetic testing confirmed the child was his, C.F.C. began a treatment plan that required him to spend time consistently and build a relationship with the child. He also had to obtain suitable housing and cooperate with the department.

C.F.C. moved to Colorado in May 2024 and the department sought to terminate his legal parent-child relationship after that. Presiding Juvenile Court Judge Elizabeth McCarthy held a hearing and granted the request, citing C.F.C.’s delay in finding stable housing and his parenting abilities.

The appellate panel found problems with each of those justifications.

READ THE FULL ARTICLE AT THE DENVER GAZETTE