McBride & Drinkwine, LLC
Denver Family Law Attorney
Call Today (720) 504-2569
Menu / Navigate

Child custody case focused on the IQ level of parents

For most Colorado parents, the concept that they could lose their children to the custody of the state is as foreign as a meteor strike in the backyard. In reality, however, there are cases where fit and proper parents lose their child custody rights for reasons that are difficult to imagine. An example is found in the case of a couple who lost their parental rights over concerns that they were not smart enough to raise their own children.

The argument made by the state centered on the perceived intelligence of the parents. The mother was tested, and displayed an IQ level of 72. The father tested at a level of 66, which is indicative of a mild intellectual disability. Both of those scores are below what is considered to be an "average" IQ, which is 90 to 110.

State authorities stepped in to remove the couple's newborn son from their care while the family was still in the hospital. Their older son was taken under similar circumstances nearly five years ago. While no one disputes that the state has a responsibility to ensure the safety and well-being of children, many people feel that this decision was made without sufficient evidence.

What makes this case unusual is the fact the these children were taken from their parents and placed into foster care without any signs of abuse or neglect. It appears that the decision was made based on concern over what "might" happen and not over evidence of what did happen. That is a slippery slope for child protective services to embark upon, and the decision has raised a great deal of debate.

For Colorado parents who face a child custody challenge from state authorities, it is absolutely imperative to take swift and decisive legal action. The longer a child remains in foster care, the stronger the argument can be made that a change would be disruptive to the child, and that the status quo should be left as is. It is hard to imagine a loving family losing parental rights based on their IQ level, but this example serves to highlight the fact that cases such as these do occur from time to time.

Source:, "LATEST: Parents lose custody of kids due to low IQ", Chelsea Todaro, Aug. 1, 2017

No Comments

Leave a comment
Comment Information


McBride & Drinkwine, LLC
4601 DTC Blvd
STE 1000
Denver, CO 80237

Phone: 720-504-2569
Fax: (303) 740-8408
Map & Directions

Review Us

Get Answers Now

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Back to Top