Colorado Guardianship Hearing: What to Expect and How to Prepare

What Happens Before You Walk In

By the time your hearing date arrives, the court file should already contain your petition (JDF 824), the proposed guardian's Acceptance of Office (JDF 805) with any required background documents, all completed proofs of service, any ICWA forms, and any consent forms from parents.

Check with the court clerk a few days before the hearing to confirm nothing is missing. A missing proof of service or unsigned form can cause a postponement on the spot.

Uncontested vs Contested: Two Very Different Experiences

Uncontested hearings — where parents have signed JDF 825 (Consent of Parent) or no party has filed an objection — are brief. The judge reviews the paperwork, asks a few questions on the record, and enters the order. Many uncontested hearings take 15 to 30 minutes.

Contested hearings — where a parent or other party objects — are formal evidentiary proceedings. Both sides present testimony, introduce evidence, and cross-examine witnesses. The judge may appoint a Guardian ad Litem (GAL) or court visitor before or during the hearing. Contested hearings can take hours or span multiple court dates.

What the Judge Will Ask

Whether the hearing is contested or uncontested, the judge follows a standard line of inquiry:

Identity and venue. The judge confirms who you are, who the child is, and that the case is filed in the correct county under C.R.S. § 15-14-108.

Notice sufficiency. The judge verifies that all parents and interested persons received proper 14-day notice (or lawfully waived it), and that a minor age 12 or older who is not the petitioner was personally served.

Statutory basis. The judge determines which of the four statutory triggers under C.R.S. § 15-14-204 applies: parental consent, termination of parental rights, parental unwillingness or inability, or a prior guardian's death or incapacity without a successor appointment.

Best interest of the child. The judge evaluates the child's living conditions, school enrollment, medical care, emotional stability, and the proposed guardian's ability to provide a safe, stable home.

If a parent objects to a guardianship sought under C.R.S. § 15-14-204(2)(c), the petitioner must prove by clear and convincing evidence that the parent is unwilling or unable to exercise parental rights and that guardianship is in the child's best interests despite the objection.

What to Bring

• Government-issued photo ID
• Original or certified copies of the child's birth certificate
• Certified death certificates (if a parent is deceased)
• Medical or school records that support your petition
• Copies of all filed JDF forms
• Your proposed orders: JDF 827 (Order Appointing Guardian), JDF 830 (Letters of Guardianship)
• Any supporting evidence organized in a folder or binder — caregiving records, photographs of the child's living space, school enrollment documents

Remote Hearings

Some Colorado judicial districts permit or require remote attendance via video conferencing. If your court offers this option, test your equipment and internet connection beforehand. Have digital or printed copies of all documents accessible during the hearing.

Contact the court clerk or check the district's website for remote hearing procedures. Policies vary by district.

When the Judge Signs the Order

If the judge approves the guardianship, they sign JDF 827 (Order Appointing Guardian) at the hearing. But an oral ruling alone does not give you legal authority. Your authority begins when:

1. The judge signs the written Order (JDF 827)
2. You file JDF 800 (Acknowledgment of Responsibilities) and confirm JDF 705 (Probate Case Information Sheet) is on file
3. The court clerk issues the official Letters of Guardianship (JDF 830) with the court seal

The Letters of Guardianship are what you present to schools, doctors, insurance companies, and government agencies as proof of your authority. Request multiple certified copies from the clerk — you will need them.

After the Hearing

Within 30 days, deliver JDF 812 (Notice of Appointment) to the child (if 12 or older), the parents, and other interested persons. Then mark your calendar for the annual report: file JDF 834 (Annual Guardian's Report) each year, usually on the child's birthday.

The Colorado Guardianship and Custody Court Process Guide includes a hearing-day preparation checklist and a document organizer worksheet to help you walk into court confident that every piece of paper is in order.

See more Colorado guides →