Guardianship When a Parent Is Incarcerated in Colorado

When a Parent Goes to Jail or Prison

A parent's incarceration does not automatically terminate their parental rights or their right to participate in court proceedings about their child. But it does create an immediate gap in caregiving authority. Schools need someone authorized to enroll the child. Doctors need someone who can consent to treatment. Benefits offices need documentation of legal responsibility.

If you are a grandparent, aunt, uncle, or other relative already caring for the child, formalizing your authority through guardianship gives you the legal standing to handle all of these — and it protects the child's stability during what is often the most disruptive period of their life.

Filing the Petition

The guardianship process for a child of an incarcerated parent follows the same statutory framework as any other minor guardianship under C.R.S. § 15-14-204. You file JDF 824 (Petition for Appointment of Guardian for Minor) in the probate division of the district court in the county where the child lives.

The statutory basis is typically that the parent is "unable to exercise parental rights" due to incarceration. If the incarcerated parent is willing to consent, they can sign JDF 825 (Consent of Parent) — which places the case on the uncontested track and usually results in a faster, simpler hearing.

Serving Notice at the Correctional Facility

Even if the parent consents, they have a right to notice of the hearing. Mail or hand-deliver the notice (JDF 806) and a copy of the petition (JDF 824) to the incarcerated parent at least 14 days before the hearing date.

To arrange service:

1. Confirm the parent's current facility and mailing address
2. Check the facility's rules for mail or hand-delivery
3. Send or hand-deliver the documents using the method allowed by the court's instructions
4. File the completed Certificate of Service (from JDF 806) with the court

Plan ahead so the notice reaches the parent at least 14 days before the hearing.

Parental Participation from Behind Bars

The incarcerated parent has the right to participate in the guardianship hearing. Courts typically accommodate this through phone or video conference arranged by the facility. The parent can:

• Consent to the guardianship by signing JDF 825 (which can be notarized at the facility)
• Object to the guardianship and present their position at the hearing
• Request modifications or limitations on the guardianship order

If the parent objects, the case becomes contested, and the petitioner must demonstrate that the parent is unable to exercise parental rights. Incarceration alone — especially a long sentence — is strong evidence of inability, but the court will still evaluate whether the appointment serves the child's best interest.

Consent from an Incarcerated Parent

Getting JDF 825 signed behind bars is logistically harder than in a normal situation but entirely possible. Many correctional facilities have notary services available, and some have dedicated family-law coordinators who can assist with paperwork.

Send the parent a blank JDF 825 with a self-addressed, prepaid return envelope. Include a brief, respectful letter explaining what the form does — that signing consent to a guardianship does not terminate parental rights, that the parent retains the right to petition for termination of the guardianship after release, and that the guardianship ensures the child has legal access to school, medical care, and benefits during the parent's absence.

What If the Other Parent Is Also Absent?

If the non-incarcerated parent is also absent, missing, or unwilling to care for the child, you may need to address notice for both parents. For a parent whose address is unknown after reasonable diligence, file JDF 714 (Affidavit Regarding Due Diligence and Proof of Publication) and publish JDF 716 (Notice of Hearing by Publication) once a week for three consecutive weeks in a newspaper of general circulation in the county. The last publication must be at least 14 days before the hearing.

Short Sentence vs Long Sentence

If the parent's sentence is short — a few months — a temporary guardianship (up to six months under C.R.S. § 15-14-204(4)) may be sufficient. For longer sentences, file for permanent guardianship. The parent can petition to terminate the guardianship after release by showing that termination serves the child's best interest.

A Delegation of Power (JDF 751, valid up to 12 months) is another option if the parent is cooperative and the sentence is short, but it requires the parent's active participation and can be revoked at any time — which makes a court order the more secure choice in most incarceration situations.

Financial Support During the Parent's Absence

A guardianship order allows you to apply for benefits on the child's behalf, including Colorado Works child-only grants, Health First Colorado (Medicaid), SNAP, and child support from any parent with income. Contact your county's Department of Human Services or use the Colorado PEAK portal to apply.

The Colorado Guardianship and Custody Court Process Guide covers the full filing process — including the incarcerated-parent service procedures and forms — step by step.

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