Colorado Contested vs. Uncontested Guardianship: What Changes When a Parent Objects

The difference between an uncontested and a contested guardianship in Colorado is not just emotional — it changes which statutory grounds you must establish, what evidence the judge expects, and whether the process takes weeks or months. If a parent has signed consent form JDF 825, you are on the easier track. If a parent objects or simply refuses to cooperate, you must prove a nonconsent statutory condition and the child's best interests.

Uncontested: When No Parent Objects

When parental consent is the basis for appointment, the parents can execute form JDF 825 (Consent of Parent). If a parent is absent or cannot be located, follow the applicable notice and publication rules; absence is not consent. The case still requires proper filing, background checks (CBI, credit report, photo ID attached to JDF 805), and statutory notice — consent does not waive the requirement that all interested parties receive notice of the hearing under C.R.S. § 15-14-205.

At the hearing, the judge confirms:

• The petition and supporting documents are properly filed
• Notice was served at least 14 days before the hearing
• Background checks are current and acceptable
• The appointment is in the child's best interest

Uncontested hearings are typically brief — sometimes 15 to 30 minutes. The judge may sign the Order Appointing Guardian (JDF 827), but Letters of Guardianship (JDF 830) will not issue until you file the Acknowledgment of Responsibilities (JDF 800) and Probate Case Information Sheet (JDF 705).

If a parent's address is unknown and cannot be found with reasonable diligence, publish JDF 716 once a week for three consecutive weeks in a newspaper of general circulation in the county where the hearing will be held; the last publication must be at least 14 days before the hearing. After publication, request the publisher's affidavit and attach it to JDF 714, Affidavit Regarding Due Diligence and Proof of Publication. A parent who does not respond has not consented; if you cannot prove parental consent, you still must show that the parents are unwilling or unable to exercise their parental rights, or that their parental rights have been terminated.

Contested: A Parent Actively Objects

When a parent opposes the guardianship, everything changes. The U.S. Supreme Court's Troxel v. Granville (2000) decision established that fit parents have a fundamental constitutional right to direct the care and custody of their children. Colorado courts enforce this through a strong parental presumption.

Under C.R.S. § 15-14-204(2), the court must find that appointment is in the minor's best interests and that a statutory condition applies. When a parent objects and consent is unavailable, the relevant nonconsent conditions are that parental rights have been terminated, that the parents are unwilling or unable to exercise parental rights, or that a previously appointed third-party guardian has died or become incapacitated without naming a replacement. At a contested hearing, you must present evidence for the applicable condition as well as the child's best interests.

What Evidence a Contested Hearing Requires

In a contested hearing, the judge will examine:

• The parent's current circumstances — substance abuse history, incarceration record, housing stability, employment, mental health treatment compliance
• The child's current stability — how long the child has lived with you, their school enrollment and grades, medical and emotional well-being
• The relationship between the child and both the parent and the proposed guardian
• Any history of abuse, neglect, or domestic violence
• The minor's consent or nomination (a minor age 12 or older may use JDF 826, Consent or Nomination of Minor)

If the court finds that the minor's interests are or may be inadequately represented, it may appoint a lawyer to represent the minor under C.R.S. § 15-14-205(3). This appointment can add time and cost to the case.

Practical Differences at a Glance

When an Uncontested Case Becomes Contested

A parent who initially ignores the petition or seems cooperative can file an objection at any point before the hearing — or even at the hearing itself. If this happens, the judge will typically continue (postpone) the hearing to give both sides time to prepare. The case shifts from the uncontested to the contested track, and the evidentiary standard rises.

This is one reason to document your caregiving from the beginning: a log of the child's time in your home, school enrollment records, medical appointments you handled, and any communication with the parents. If the case unexpectedly becomes contested, you will have evidence ready rather than trying to reconstruct months of history from memory.

The Colorado Guardianship and Custody Court Process Guide covers both the uncontested and contested tracks in detail — including what to bring to the hearing, how to respond if a parent objects, and how the court evaluates the best interest factors.

See more Colorado guides →