Establishing Guardianship in Colorado: Protecting Your Child with Legal Support

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:

  1. Filing a Petition – The process begins when an interested party (usually a relative or family friend) files a petition for guardianship in court.
  2. 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.
  3. Background Checks and Evaluations – The court may order background checks or home studies to confirm that the guardian can provide a safe, stable environment.
  4. Court Hearing – The judge reviews the petition, hears testimony, and decides whether guardianship serves the child’s best interests.
  5. 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.

Relocating With Children After Divorce

In this article we discuss the issue of relocating with children after a divorce or allocation of parental responsibilities order has already been entered. Relocating to another state with a child is a big decision, and unsurprisingly the courts take this issue very seriously. In addition to the usual statutory considerations as to what is in the best interests of the children, there are nine additional factors that the courts consider when determining how to resolve a relocation motion. Instead of going through all of the factors we’re going to highlight some of them that are unique to relocation matters that we have found to be critical, although it’s important to note that judges can give differing amounts of weight to any of these factors as they see fit. For a list of all the factors a court can consider see C.R.S. § 14-10-124(1.5)(I”“ XI) and C.R.S. § 14-10-129(2)(c)(I”“IX).

One of the most important considerations for any judge is the presence of family where the children currently reside versus where the proposed new location is. Most judges give significant weight to how the move will impact family ties. If children will be gaining family members to be around, especially if they have already established positive relationships with them, it can help boost the chances of being able to relocate. Conversely, a parent who wants to move children away from family members may experience more difficulty in being allowed to do so.

Courts also inquire into the educational opportunities for the children where the children currently reside versus where the proposed new location. School rankings, extracurricular activities and clubs, and advanced educational programs such as International Baccalaureate are just some of what can set one school apart from another. Whether you’re the parent who wants to move or you’re wanting to prevent the move, you’ll want to be intimately familiar with the educational opportunities at both locations.

Last, but certainly not least, we’ll examine the two factors at the very core of the move: Why does one parent want to move and why does the other parent want to prevent the move? For example, if Dad wants to move to sunny California because he’s tired of winter a court would be less likely to grant that than if Dad wanted to move to California because he found a new job that would double his salary and be closer to family. The way a court examines the reasons a parent objects to the proposed move is more nuanced than it appears at first glance. Although it may seem obvious that the reason a parent objects to the move is because they want to be near their children, this isn’t exactly what a court is looking for. Essentially, the judge wants to know the specific reasons as to why a parent thinks it will be worse for the children to move instead of simply objecting to the move because it would make the parent sad or simply to make the other parent’s life more difficult.

Planning and preparation is key to winning or defeating a motion to relocate. You can’t change the facts, but effectively planning out your case and strategizing at an early stage improves your chances of success. Hiring an attorney before filing or as soon as you are served with a motion gives you the best opportunity to put on an effective case.

If either you or your ex is planning on relocating and your children are involved, reach out to Divorce Matters today and our experienced attorneys can help guide you on what the next steps are.