Executive Summary:
When a parent is absent for a long period, it raises painful and complicated questions about custody and visitation. Many parents in Denver and Colorado Springs wonder how much time must pass before absence affects their parental rights. In Colorado, the answer depends on several factors, including intent, communication, and the child’s best interests. This blog explains how courts view parental absence, what can lead a parent to lose custody for abandonment, and when parental rights termination may become a legal reality.
Understanding What Counts as Parental Absence
Parental absence is not always as simple as a parent leaving and never coming back. Sometimes, absence happens because of factors beyond a parent’s control, such as military deployment, serious illness, or financial hardship. In other cases, the absence may stem from choices like addiction, conflict, or simply withdrawing from contact.
When deciding whether a parent might lose custody for abandonment in Colorado, judges will evaluate whether that absence was voluntary or unavoidable. The key question is whether the parent intentionally abandoned their responsibilities or whether circumstances temporarily prevented their involvement.
How Long Can a Parent Be Absent Before Losing Custody?
Colorado law provides a legal guideline that defines when parental absence can rise to the level of abandonment. A parent may be considered to have abandoned their child if they have surrendered physical custody for six months or more and, during that time, have not shown a firm intention to resume custody or arrange permanent care for the child.
This six-month threshold allows a court to consider parental rights termination, but it does not guarantee that rights will be terminated. Judges must still find clear and convincing evidence that termination is necessary and serves the child’s best interests.
What Courts Consider When Evaluating Abandonment in Colorado
When deciding whether parental absence has reached the point where a parent could lose custody for abandonment, courts in Denver and Colorado Springs weigh several important factors. Some examples include:
- Length of the absence: How long the parent has been out of contact with the child.
- Reason for absence: Whether it was intentional or caused by unavoidable hardship.
- Effort to maintain contact: Attempts to call, visit, or provide financial or emotional support.
- Child’s well-being: How the child has adjusted during the parent’s absence.
- Relationship history: The level of involvement before the absence began.
- Stability of the current home: Whether the other parent or guardian has provided consistent care.
If the court finds that the parental absence was voluntary and harmed the child’s emotional or physical well-being, it may take steps to terminate parental rights or permanently modify custody.
When Parental Rights Termination Becomes a Possibility
Parental rights termination is one of the most serious actions a court can take. In Colorado, it happens only when a judge determines that it is in the child’s best interests and that the absent parent has failed to fulfill their duties.
A parent can lose custody for abandonment when:
- They have had no meaningful contact or support for at least six months or more.
- They have made no effort to maintain a relationship or communicate with their child.
- They cannot show progress in correcting the issues that caused the absence.
- The child’s other parent or guardian has provided consistent and stable care.
Once parental rights termination occurs, courts will grant the other parent full custody and the absent parent no longer has legal rights to visitation, custody, or decision-making authority.
Reinstating Parental Rights After Absence
In some cases, a parent who has been absent may later seek to reconnect with their child and reinstate custody or visitation. This is not easy after losing custody for abandonment in Colorado, but it is possible when the court has not permanently terminated parental rights.
Courts in Denver and Colorado Springs are more likely to consider reunification if the parent demonstrates significant change, such as completing treatment programs, maintaining stable housing, and showing consistent communication and effort.
While this process can take time, it reflects Colorado’s belief that strong, healthy parent-child relationships are worth rebuilding when it benefits the child. Judges always balance a parent’s renewed involvement with the child’s comfort, stability, and emotional needs.
The Role of the Child’s Best Interests
Every custody and parental rights termination decision in Colorado comes back to one standard: the best interests of the child. Courts prioritize the child’s emotional, physical, and developmental needs above everything else. Even if a parent’s absence was lengthy, judges consider whether renewed contact will truly help the child thrive.
In some situations, maintaining stability with the current guardian or household is the best outcome for the child. In others, gradual parental reunification may be the healthiest path forward.
Protecting Your Child’s Future in Colorado
Parental absence and custody challenges can feel overwhelming, but you don’t have to face them alone. Our team of child custody attorneys at Colorado Legal Group help parents in Denver and Colorado Springs protect their rights, rebuild connections, and make informed decisions that put their child’s future first.
If you’re concerned about parental rights termination, losing custody for abandonment, or the effects of parental absence in Colorado, contact us today. Our team will help you understand your options and take confident steps toward the outcome your family deserves.
Joseph Cash
Attorney at Colorado Legal Group
Joe Cash is a skilled divorce and family law attorney with over a decade of experience handling high-conflict cases, custody disputes, child relocation, and complex financial matters in Denver. He is known for helping clients make sound decisions that protect both their finances and their relationships with their children.
Education: University of Colorado, Boulder
Years of Experience: 10+ years of high-level divorce experience