Supreme Court of Colorado

In Re Dis

March 21, 2011249 P.3d 775

Summary

The court held that fit parents who consent to a guardianship retain a presumption that their decision to terminate the guardianship and regain custody is in their child's best interests, unless the guardianship order expressly limits that presumption. The guardians therefore bear the burden of proving by a preponderance of the evidence that termination would not serve the child's best interests. The court reversed the court of appeals and remanded for application of that standard.