Our sleuthers did a ton of research on custody in CO, rights of imprisoned parents to have visitation, etc and it was good stuff - probably around the custody hearings if someone wants to search them out -IIRC we discovered severing parental rights even when the convicted murderer killed the parent was not a slam dunk- multiple MSM links were posted where court ordered visitation was required so let’s hope her custody attorneys are as good as the DA attorneys were - as far as the rest of the family others have previously posted that CO does not recognize grandparent rights - IIRC - would be good to revisit this as it’s the next hurdle for her family
JMO
A few posters have said CO doesn’t recognize grandparent’s rights. That’s untrue:
Colorado Revised Statutes Title 19. Children's Code § 19-1-117 | FindLaw
They can ask for visitation in the context of dependency court cases, divorce cases and guardianship of minor children. They’re unlikely to get it unless they were an active part of the child’s life and thus it is found to be in the child’s best interests.
That was likely not granted in the dependency court proceedings thus far to SF due to:
1. The condition of her home.
2. The out of state placement.
3. Concerns she had knowledge of her son’s involvement in the disappearance and/or covered for her son.
Which is why I felt granting temporary custody immediately to the Berrreths who had much less contact was telling.
Also, once they adopt her, grandparent visitation does not apply.
As to PF? Yeah he can make it difficult for the Berreths by contesting the termination of parental rights but he’s going to lose, per the code because he’s ineligible for parole and will not be able to complete a “treatment plan”:
Does my incarceration mean my parental rights will be terminated?
No. Your parental rights are not automatically terminated just because you are in prison. As a general rule, an incarcerated parent, like any other parent, is given an opportunity to complete a treatment plan so that he or she can be reunited with their children. However, an incarcerated parent’s parole eligibility date matters.
According to the Colorado Children’s Code, 19-3-604(1)(b), a judge can “by-pass reunification” and terminate parental rights without giving the parent an opportunity to complete a treatment plan if the judge finds that “no appropriate treatment plan” can be developed.
Under the law, one of the reasons the judge can find that “no appropriate treatment plan”can be developed is if an incarcerated parent will not be parole eligible for 6 years from the date the child is found to be dependent and neglected (called “adjudication”) OR within 36 months for cases involving children under the age of 6. Therefore, it is important to let the judge, the social worker, the guardian ad litem, and your attorney know when you are parole eligible.
https://www.ccjrc.org/wp-content/uploads/2016/02/ParentingFromPrison.pdf
I am sure the Berreths have consulted with attorneys and know the process. And that it’s a guaranteed win them.
It just depends on whether the process is going to be lengthy and hard or not. But per the code it appears his rights will indeed be terminated ultimately.
Hope you’re happy PF. You beat to death an angel so you could possess your baby. And now neither you nor any of your family will get their hands on her ever again. Was it worth it, chief?
