Colorado Guardianship Notice Requirements: Serving Parents and Interested Parties

The 14-Day Notice Rule

Colorado law requires that every parent and interested person in a minor guardianship case receives notice of the hearing at least 14 days before the hearing date. This requirement comes from C.R.S. § 15-14-205, and courts enforce it strictly. If you cannot prove that notice was properly given, the judge will postpone the hearing — adding weeks or months to your timeline.

Getting notice right the first time is one of the most important steps in the entire guardianship process.

Who Must Receive Notice

Notice must go to every person the court considers an interested party:

• The minor, if age 12 or older and not the petitioner
• Anyone alleged to have had primary care and custody of the minor during the 60 days before the petition was filed
• Each living parent, or, if there is no living parent, the adult nearest in kinship who can be found
• A person nominated as guardian by the minor, if the minor is at least 12
• Any appointee of a parent or guardian whose appointment remains in effect
• Any guardian or conservator currently acting for the minor

If a parent has signed JDF 825 (Consent of Parent), they have consented to the guardianship — but consent alone does not waive notice. A parent who wants to waive notice must also sign JDF 719 (Waiver of Notice), a separate form.

How to Serve Parents and Interested Persons

JDF 806 — Notice of Hearing to Interested Persons goes to parents and other interested persons. Include a copy of the petition (JDF 824) with the notice. The Judicial Branch instructs filers to mail or hand-deliver the documents at least 14 days before the hearing.

After delivery, fill out the Certificate of Service section on JDF 806 and file it with the court clerk at or before the hearing.

How to Serve a Minor Age 12 or Older

JDF 807 — Notice of Hearing to Respondent must be personally served on the child by a sheriff's deputy or private process server. A copy of the petition (JDF 824) must accompany the notice.

Signing JDF 826 (Consent or Nomination of Minor) does not replace personal service when the minor is at least 12 and is not the petitioner. Even if the child has already expressed consent, they must still be formally served with JDF 807 and the petition.

Serving an Incarcerated Parent

If a parent is in a county jail, state prison, or federal facility, mail or hand-deliver the hearing notice (JDF 806) and petition to the parent at least 14 days before the hearing. Check the facility's rules for mail or hand-delivery.

The incarcerated parent retains the right to participate in the hearing — typically by phone or video conference arranged through the facility.

When a Parent Cannot Be Found

If a parent's location is unknown after you have conducted a reasonable search, Colorado provides a service-by-publication process:

1. Conduct a diligent search. Check public records, motor vehicle records, voter registration, social media, and correctional inmate databases. Contact relatives and known associates.
2. File JDF 714 — Affidavit Regarding Due Diligence and Proof of Publication. This sworn statement documents the steps you took to locate the interested person.
3. Obtain court approval for service by publication.
4. Publish JDF 716 — Notice of Hearing by Publication in a newspaper of general circulation in the county where the case is pending, once a week for three consecutive weeks. The last publication must appear at least 14 days before the hearing.
5. File proof of publication with the court before the hearing.

Service by publication adds time and newspaper costs, but it is the legally recognized method when personal service and certified mail are impossible.

Out-of-State Parents

If an out-of-state parent's address is known, mail or hand-deliver JDF 806 and the petition at least 14 days before the hearing. JDF 721 (Irrevocable Power of Attorney) is required only if the proposed guardian lives out of state.

Common Mistakes That Delay Hearings

• Serving notice less than 14 days before the hearing
• Assuming a parent's JDF 825 consent eliminates the need for notice
• Failing to personally serve a minor age 12 or older
• Not filing proof of service before the hearing date
• Skipping the diligent-search steps before requesting publication

The Colorado Guardianship and Custody Court Process Guide includes a service-of-process tracking worksheet that helps you document each person served, the method used, the date completed, and the proof filed — so nothing slips through the cracks.

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