This memo gives parents a general idea of possible legal options after a Dependency action closes with an Allocation of Parental Responsibilities (APR) to a family member. Termination of Parental Rights remains a possibility under the kinship adoption statute, Colo. Rev. Stat. §19-5-203.
For information for caregivers, see APR – You are a Caregiver
If you are a parent:
- You are still responsible for supporting your child/children through child support or other means – even if child support orders are not entered. If you do not provide consistent support, the court could terminate your parental rights. If you later face a termination petition, you will need to show that you have supported your child/ children and that you will be able to support her/them in the future. The court will look at past patterns to see if you are likely to dependably and consistently
support the child/children in the future. - If you do have an order for child support and you are unable to pay the amount ordered, you can contact the Larimer County Child Support Office: 970-498-7600 , https://www.larimer.org/humanservices/cyf/child-support
- It is your responsibility to see your child/children. You can ask for more parenting time any time during an APR. If you were awarded minimal parenting time because you are still working through the issues from your treatment plan, you can petition for more parenting time as soon as those issues have been resolved.
- If you do not use the parenting time granted in the APR order, or you do not ask for more than minimal contact, a court could determine that you have abandoned your child/children. If you later face a termination petition, you will need to show that you are seeing the child/children as often as the orders allow you and that you are being appropriate during those visits.
- You may ask to become the primary parent again at any time. The Court will look for a substantial change in your circumstances. Changes in parental responsibilities are not usually granted in the first two years after an APR Order is entered.
The Larimer County Self-Help Center is on the first floor of the courthouse at: 201 LaPorte Avenue, Fort Collins. The online self-help center is: https://www.courts.state.co.us/Self_Help/Index.cfm
For more on how to ask for more parenting time, look for self-help forms regarding “modifying parenting time” : https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=73
For more on how to ask to change custody, look for self-help forms regarding “changing custody” :
https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=72
DISCLAIMER: THIS POST IS NOT INTENDED AS SPECIFIC LEGAL ADVICE FOR YOUR SITUATION; YOU ARE
ADVISED TO CONSULT AN ATTORNEY REGARDING THE SPECIFICS OF YOUR SITUATION.