Dear Honorable Members of the Colorado General Assembly,
Giving serious contemplation to all testimony for and against SB26-027, attached is a proposed bill that will benefit all parties involved.
The Fundamental Parental Rights Act. This Act protects children, families and victims by reaffirming parental rights as fundamental constitutional rights, requiring "clear and convincing" evidence for serious restrictions, ensuring transparency in funding incentives, and improving training across the family court system.
High-conflict custody cases are often driven by one parent’s refusal to cooperate or share parenting responsibilities, which escalates disputes and increases law enforcement and court involvement.
Because findings of domestic violence and similar allegations result in life-altering consequences — including restrictions of fundamental parental rights — longstanding constitutional principles require a "clear and convincing" evidentiary standard.
Due process requires both a heightened burden of proof and meaningful consideration of all relevant, material evidence. Courts cannot satisfy constitutional protections by relying on a preponderance of the evidence while suppressing or disregarding evidence of actual harm.
Parental rights are fundamental constitutional rights. Any restriction, limitation, supervision, or interference constitutes government action against a protected liberty interest and therefore requires heightened evidentiary safeguards.
A preponderance of the evidence standard is constitutionally insufficient to justify such interference. At minimum, "clear and convincing" evidence is required to satisfy due process.
The Fundamental Parental Rights Act strengthens the family court system by:
· Protecting children through stable, enforceable court orders
· Ensuring fairness through equal evaluation and admissible evidence
· Preventing abuse of process and obstruction-driven conflict
· Increasing transparency and accountability
· Upholding constitutional due process
This proposal is not about favoring one party over another. It is about restoring fairness, consistency, and constitutional integrity to proceedings that profoundly affect children, families and victims.
Thank you for your consideration and for your continued commitment to protecting Colorado families.
Respectfully,
Stephen Theodore Gladstone
FUNDAMENTAL PARENTAL RIGHTS ACT
A BILL FOR AN ACT CONCERNING THE PROTECTION OF FUNDAMENTAL PARENTAL RIGHTS AND DUE PROCESS IN PROCEEDINGS INVOLVING PARENTING TIME AND PARENTAL RESPONSIBILITIES.
SECTION 1: Legislative Declaration
The General Assembly finds and declares that:
a) The right of a parent to the care, custody, and control of their child is a fundamental liberty interest protected by the United States Constitution and the Colorado Constitution;
b) Government interference with fundamental parental rights results in severe and life-altering consequences, including loss or restriction of parenting time, supervised contact, and long-term legal and social impacts;
c) Under principles of due process, the severity of governmental consequences must correspond to heightened due process protections and appropriate evidentiary standards;
d) Findings of domestic violence and other allegations that result in restrictions of parental rights impose consequences equivalent to those requiring "clear and convincing" evidence in other areas of law;
e) Accordingly, any restriction of a fundamental parental right must be supported by "clear and convincing" evidence based upon competent, reliable, and fairly considered proof; and
f) Fair adjudication protects children, parents, and victims of abuse while maintaining public trust in the judicial system.
SECTION 2: Presumption of Parental Fitness
In any proceeding involving parenting time or parental responsibilities, each parent shall be presumed fit and acting in the best interests of the child unless proven otherwise by "clear and convincing" evidence.
SECTION 3: Burden of Proof
Any party seeking to restrict, limit, supervise, suspend, or eliminate a parent’s parenting time bears the burden of proof by "clear and convincing" evidence.
SECTION 4: Evidentiary Standard for Any Restriction
A court shall not impose any restriction or limitation on a parent’s parenting time, including but not limited to supervised visitation, reduced parenting time, or no-contact orders, unless supported by "clear and convincing" evidence demonstrating that such restriction is necessary to prevent actual harm to the child.
Colorado law requires that:
a) “The court shall consider the mental and physical health of all individuals involved,” and that
b) “The court shall not restrict a parent’s parenting time unless it finds that the parenting time would endanger the child’s physical health or significantly impair the child’s emotional development.”
Accordingly, where the court orders or relies upon any mental health, psychological, or parental fitness evaluation, all parties involved shall be subject to equivalent evaluation. Selective evaluation constitutes a violation of equal rights and due process. Any order relying on selective evaluation is reversible error.
SECTION 5: Temporary and Emergency Orders
a) Temporary or emergency orders restricting parenting time shall be narrowly tailored to address specific alleged risks.
b) A prompt evidentiary hearing (within 14 days) shall be held following any such order, applying the "clear and convincing" evidentiary standard.
c) Temporary orders shall not become permanent absent written findings supported by clear and convincing evidence.
SECTION 6: Minimum Standards for Court-Appointed Evaluations
No court-appointed professional may recommend restriction of parenting time without direct observation of each parent’s interaction with the child unless the court makes written findings that such observation is impossible or would endanger the child.
SECTION 7: Right to Independent Evaluation
Upon request, either party may obtain an independent mental health or parenting evaluation, which the court shall fairly consider alongside any court-appointed evaluation.
SECTION 8: Admissibility of Evidence
Any finding used to restrict a parent’s fundamental rights shall be based on sworn testimony or properly admitted evidence subject to cross-examination.
Unsworn reports, letters, or hearsay statements alone shall not constitute "clear and convincing" evidence.
SECTION 9: Written Findings of Fact
Any order restricting parenting time shall include specific written findings of fact identifying:
a) The evidence relied upon;
b) The nature of the harm found;
c) Why lesser restrictions would be insufficient; and
d) Judicial discretion ends where the law, higher court precedent, and the constitution begins.
SECTION 10: Mandatory Adherence and Enforcement of Court Orders
a) All persons and entities subject to or responsible for enforcement of court orders shall strictly adhere to all court orders governing parenting time and parental responsibilities.
b) No deviation from a court order shall occur unless authorized by an emergency order of the court.
c) Any emergency deviation shall be promptly reviewed and ruled upon by the court with specific written findings supported by "clear and convincing" evidence.
d) Any violation of a court order shall automatically trigger contempt proceedings.
e) Failure to enforce a court order constitutes a violation of due process and fundamental parental rights.
SECTION 11: Transparency of Financial Incentives and Programs
a) In any proceeding affecting parental rights, the court shall disclose on the record whether any party, agency, or service provider involved operates under or receives funding pursuant to Title IV-D or E of the Social Security Act or any similar federal, state, county, or municipal program, or receives any soft-dollar compensation, including but not limited to referral-based arrangements.
b) Such disclosure shall include the general nature of the funding and any performance-based incentives associated with enforcement or case outcomes.
SECTION 12: Continuing Education and Training
a) All judges, court personnel, and court-appointed professionals involved in proceedings affecting parental rights, including but not limited to clerks, Child and Family Investigators (CFI), Child’s Legal Representatives (CLR), Guardians ad Litem (GAL), and court-appointed therapists or evaluators, shall complete a minimum of twelve (12) hours of continuing education annually.
b) Such education shall include instruction on:
1. Fundamental constitutional parental rights and due process protections;
2. Evidentiary standards applicable to restrictions on parenting time;
3. Domestic violence dynamics, victim safety, and trauma-informed practices;
4. Fair and impartial adjudication and professional ethics; and
5. Relevant higher court precedent.
SECTION 13: Applicability
This Act applies to all actions involving the allocation of parental responsibilities and parenting time commenced on or after the effective date of this Act.