The Colorado Supreme Court issued its opinion in In the Interest of B.B.O.: Olds v. Berry on May 29, 2012.
Allocation of Parental Responsibilities—Nonparent Standing—Fundamental Rights of Parents.
The Supreme Court considered whether a parent must consent to a nonparent caring for a child before a nonparent may establish standing to petition for an allocation of parental responsibilities under CRS § 14-10-123(1)(b) or (c). The Court concluded that the plain language of the statute does not require parental consent for nonparent standing. The Court also concluded that it is not necessary to read a consent requirement into the statute to protect the fundamental rights of parents in the care, custody, and control of their children. Accordingly, the Court held that parental consent is not required for a nonparent to establish standing to petition for an allocation of parental responsibilities under CRS § 14-10-123(1)(b) or (c). The judgment was reversed.
Summary and full case available here.
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