In the Matter of Minor Child D.I.S. Alan Sidman and Sheryl Sidman v. Michael Sidman and Renee Si — Martinez, J…

Summary

Justice Martinez dissented from the majority's conclusion that parents who consent to an unlimited guardianship retain a presumption that terminating the guardianship is in the child's best interests. The dissent argued that an unlimited guardianship suspends the parents' legal custody and control, so parents who have not actively raised the child for nearly a decade are not fit custodial parents entitled to that constitutional presumption. The dissent would have applied Colorado's guardianship statute as written rather than revising it. Chief Justice Bender and Justice Coats joined the dissent.