Peo in Interest of RG
── Peo in Interest of RG ──
Court: Colorado Court of Appeals
Date: May 21, 2026
Category: General
25CA1875 Peo in Interest of RG 05-21-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 25CA1875
Weld County District Court No. 23JV104
Honorable Troy Hause, Judge
The People of the State of Colorado,
Petitioner,
In the Interest of R.G. IV and M.G., Children,
and Concerning N.S.,
Appellant and Cross-Appellee,
and R.L.G. III,
Appellee and Cross-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE SCHUTZ
Freyre and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced May 21, 2026
No Appearance for Petitioner
Josi McCauley, Counsel for Youth, Superior, Colorado, for R.G. IV and M.G.
Andrew A. Gargano, Office of Respondent Parents’ Counsel, Denver, Colorado,
for Appellant and Cross Appellee
Robin Tieman, Office of Respondent Parents’ Counsel, Boulder, Colorado, for
Appellee and Cross-Appellant
¶1 In this dependency and neglect action, N.S. (mother) appeals
the judgment allocating parental responsibilities of R.G. IV and
M.G. (the youths) between mother and R.G. III (father). We affirm.
I. Background
¶2 In 2023, the domestic relations court ordered the Weld County
Department of Human Services to conduct an investigation into the
family “due to significant concerns of parental conflict and
emotional impact to the [youths].” The Department subsequently
filed a petition in dependency or neglect, raising concerns about
domestic violence between mother and her partner and escalating
conflict between mother and father. The juvenile court adjudicated
the youths — then ten and eleven years old — dependent or
neglected and adopted treatment plans for both parents.
¶3 The youths were initially placed with mother. However, nine
months later it was discovered that mother had been violating the
protective orders by allowing her partner to be in the home with the
youths. At that point, the juvenile court granted temporary custody
of the youths to father, where they remained for the rest of the
dependency action, with mother having significant parenting time.
1
¶4 Two years after the petition was filed, father moved to allocate
parental responsibilities and close the dependency or neglect action.
After a contested hearing, the juvenile court issued a detailed
allocation of parental responsibilities (APR) order. As relevant here,
the APR (1) designated father as the primary custodian during the
school year; (2) granted mother unsupervised parenting time from
after school Thursdays to before school Mondays for three weeks
per month; (3) established a week-on/week-off parenting time
schedule for the summer; (4) allocated decision-making for routine
medical, dental, and eye care to mother; and (5) allocated joint
decision-making responsibility for education, major medical
decisions, and extracurricular activities that impact both parents’
parenting time.
II. Standard of Review and Applicable Law
¶5 Allocating parental responsibilities is a matter within the
sound discretion of the juvenile court. See In re B.R.D., 2012 COA
63, ¶ 15. When there is record support for the juvenile court’s
findings, its resolution of conflicting evidence is binding on review.
Id. However, whether a court has applied the correct legal standard
presents a question of law that we review de novo. Id.
2
¶6 The juvenile court has exclusive authority to determine the
legal custody of, or enter an APR judgment with respect to, a child
within its jurisdiction. § 19-1-104(1)(c), C.R.S. 2025; L.A.G. v.
People in Interest of A.A.G., 912 P.2d 1385, 1389 (Colo. 1996).
¶7 Although the juvenile court must allocate parental
responsibilities to best serve “the interests of the child
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}