Whether your daughter can terminate the father's parental rights, and how to proceed, depends on the unique circumstances of the case. In Colorado, terminating parental rights is only considered when there is clear and convincing evidence that a parent cannot provide a safe, stable environment for their child. Examples of grounds for termination include abandonment, unfitness due to mental or behavioral disorders, serious harm or disfigurement of the child, neglect causing the death or injury of a sibling, patterns of sexual abuse, or failure to comply with court-ordered treatment plans. The court must explore less severe alternatives (C.R.S. § 19-3-604). For more information read our article "How to Get Sole Custody" which dedicates a section to terminating the other parent's parental rights.
The situation is somewhat easier if the father wants to relinquish his parental rights. The process involves the father filing a formal petition with the court expressing his intent to relinquish his parental rights. You can learn more in our article "What to Do When You Decide to Relinquish Your Parental Rights."
For granting sole custody, which is a different approach short of terminating the father's parental rights, the court bases its decision on the child’s best interests. This includes factors like the child’s relationships with parents and siblings, adjustment to home, school, or community, the mental and physical health of all parties, the parent’s history of prioritizing the child’s needs, and the parent’s ability to foster a relationship with the other parent (C.R.S. § 14-10-124).
If you would like to speak to one of our experienced family law attorneys, please call us at (303) 688-0944 or go here for more ways to contact us. Terminations are generally complex legal matters.