I am wondering if there isn't a LE leak on purpose? This custody issue is going to be complicated IMO - a child is not property so you can't just bequeath them to someone. We have pre-need guardians now in my state but I do not believe CO has this. From what I read, the Court would have to judge PF unfit - not sure if his being in jail affects this but if he is named the custodial parent he then could place the child with his family? I sure hope not.
I don't sense that the leak is related to the custody case.
Guardians have to do with guardianship cases. Not CPS/DHS cases. I mean naming a proposed guardian could help the court in a dependency case determine who might be a good fit. But none of that is binding in any court.
Here's an example. Let's say the parents name uncle Rick as the proposed guardian. But after they die, uncle Rick gets cancer and can't do it. Or becomes an alcoholic. Or divorces prior to the deaths and moves out of state and hasn't seen the child in years while other relatives have a greater bond.
The courts just view that stuff as evidence of who the parents felt would be best to care for the child.
But in this case the quick decision by DHS or whatever they call it there, to place the minor in the care of the maternal grandparents pending hearing, and then to keep the kid there or on a temporary basis, is interesting. Especially given the child's apparent relationship with and contact with paternal grandmother.
PF can't be given custody if he's in jail. This case came about because mother is presumed dead and father has been arrested. So he is unable to care for the child.
But his parental rights have not been stripped.