When life takes unexpected turns, parents often face tough questions about who will care for their children if they can’t. Guardianship offers a legal solution that ensures a trusted adult can step in to make crucial decisions and provide daily care when parents are unable to do so.
Whether due to illness, deployment, or other personal challenges, establishing guardianship gives parents and families peace of mind knowing their children’s well-being and future are secure. At Divorce Matters, we understand how emotional and complex these decisions can be, and we’re here to help families protect what matters most.
What Is Guardianship?
Guardianship is a court-approved legal arrangement that allows someone other than a child’s parent — known as the guardian — to make decisions about the child’s care, education, and welfare.
In Colorado, guardianship is established through the courts and governed by the Colorado Probate Code. The primary goal is always to serve the best interests of the child.
Parents often seek guardianship when:
- They’re temporarily unable to care for the child due to health issues, incarceration, or deployment.
- They’re planning for the future in case of incapacity or death.
- A child needs stability and protection in a difficult home environment.
Types of Guardianship in Colorado
Every family’s situation is unique, and Colorado law provides several types of guardianship to meet those needs.
1. Temporary Guardianship
Temporary guardianship allows a trusted individual to care for a child for a limited time — often when a parent faces a short-term challenge such as hospitalization, travel, or deployment. This arrangement usually lasts up to six months unless extended by the court.
2. Permanent (or Long-Term) Guardianship
Permanent guardianship is granted when a parent cannot resume caring for the child. This gives the guardian long-term decision-making authority, though it doesn’t terminate the parent’s rights completely. Parents may still remain involved when appropriate.
3. Testamentary Guardianship
Parents can name a testamentary guardian in their will — ensuring their wishes are clear if they pass away. This proactive step can prevent family disputes and ensures a trusted person is ready to step in when needed.
How to Establish Guardianship in Colorado
The process of establishing guardianship requires court involvement to ensure that the arrangement truly benefits the child. Working with a skilled family law attorney can help you avoid delays and confusion.
Here’s an overview of the process:
- Filing a Petition – The process begins when an interested party (usually a relative or family friend) files a petition for guardianship in court.
- Notifying Interested Parties – The court requires notification of all parties with a legal interest, such as the parents, grandparents, or others close to the child.
- Background Checks and Evaluations – The court may order background checks or home studies to confirm that the guardian can provide a safe, stable environment.
- Court Hearing – The judge reviews the petition, hears testimony, and decides whether guardianship serves the child’s best interests.
- Issuance of Letters of Guardianship – If approved, the guardian receives official documentation authorizing them to make decisions for the child.
Guardianship vs. Custody: Understanding the Difference
While guardianship and custody both involve caring for a child, they are not the same under Colorado law.
- Custody (often called parental responsibilities) applies when parents separate or divorce and must decide how to share parenting time and decision-making.
- Guardianship applies when someone other than a parent assumes responsibility for a child, often due to a parent’s absence or incapacity.
Both arrangements focus on the child’s best interests, but guardianship typically involves extended family members or trusted friends, rather than parents.
Why Guardianship Matters
Without formal guardianship, even a close relative may face challenges in caring for a child. Schools, doctors, and other institutions may require legal documentation before allowing someone to make important decisions for a minor.
Legal guardianship ensures that:
- The guardian can act on behalf of the child without legal barriers.
- The child’s living arrangement is stable and court-recognized.
- The guardian has authority to make decisions about education, healthcare, and daily life.
Most importantly, guardianship prevents uncertainty and potential family conflict — ensuring that a child’s safety and stability come first.
How Divorce Matters Can Help
At Divorce Matters, we know that guardianship decisions often arise during emotional and uncertain times. Our experienced attorneys provide compassionate guidance and reliable legal support to help you make informed choices.
We can assist with:
- Filing guardianship petitions and handling court procedures.
- Preparing testamentary guardianship documents as part of your estate plan.
- Advising on the differences between guardianship, custody, and adoption.
- Representing you in court to protect your rights and your child’s best interests.
We’re committed to helping Colorado families find peace of mind by ensuring their children are protected — today and in the future.
Final Thoughts
Establishing guardianship is one of the most caring and responsible steps a parent or family member can take. It’s about more than legal paperwork — it’s about providing stability, safety, and love for a child when they need it most.
If you’re considering guardianship or want to plan for your child’s future, contact Divorce Matters today. Our experienced Colorado family law attorneys will walk you through every step of the process and help you make the best decision for your family.