Colorado’s second-highest court on Thursday determined the evidence did not support a Denver judge’s ruling terminating the legal relationship between a father and his child.

A three-judge Court of Appeals panel identified numerous instances where the facts contradicted the trial judge’s findings that the father lacked stable housing and was unable to be “a full-time parent.”

“The uncontested evidence showed that father could provide appropriate care for the child during all of the parenting time allotted to him. The juvenile court, though, appeared to expect father to prove his ability to care for the child full-time, rather than requiring the (government) to prove that, notwithstanding his success at family time, father was unable or unwilling to provide appropriate care,” wrote Judge

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