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IN RE D.I.S.

No. 09SC483.

249 P.3d 775 (2011)

In the Matter of Minor Child D.I.S. Alan Sidman and Sheryl Sidman, Petitioners v. Michael Sidman and Renee Sidman, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 11, 2011.

Attorney(s) appearing for the Case

Beltz & West, P.C., Daniel A. West , Colorado Springs, Colorado, Attorneys for Petitioners.

Leo L. Finkelstein , Colorado Springs, Colorado, Attorney for Respondents.

Donna Furth , San Francisco, California, National Association of Counsel for Children, Maureen Farrell-Stevenson, Aurora, Colorado, Attorneys for Amicus Curiae National Association of Counsel for Children.

Office of the Child's Representative, Sheri Danz , Denver, Colorado, Attorneys for Amicus Curiae Colorado Office of the Child's Representative.

Rocky Mountain Children's Law Center, Jeff Koy , Elizabeth Fordyce , Denver, Colorado, Attorneys for Amicus Curiae Rocky Mountain Children's Law Center.

Litvak, Litvak, Merhtens and Epstein, P.C., Timothy R.J. Merhtens , Denver, Colorado, Attorneys for Amicus Curiae American Academy of Matrimonial Lawyers, Colorado Chapter.

Justice HOBBS delivered the Opinion of the Court.

Reviewing an unpublished opinion of the court of appeals, we address whether, in seeking to terminate a guardianship established by parental consent, fit parents may invoke the constitutional presumption that they make custodial decisions in the best interests of their child.1 The United States Supreme Court enunciated this presumption in Troxel v. Granville, 

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