Grandparent Visitation Rights

Requests by Grandparents for Grandparent Visitation and Grandparent Custody may arise in divorce and custody cases.  Grandparents can be just as profoundly affected by divorce as the immediate family of their son or daughter. And just as the statutes governing divorce differ from state to state, the laws concerning the rights of grandparents do as well.

In Colorado, grandparents may file a motion for visitation rights to their grandchildren, or for custody, but only under certain conditions. At your free initial consultation, I will assess your situation. In many cases, I will be able to be of help in securing these rights, even when relocation has put that grandchild a great distance away.

In Colorado, there are two areas of law in which grandparent rights may be established which include visitation or parental rights depending on the circumstances.  One is pursuant to the Uniform Dissolution of Marriage Act and the second is under the Colorado Children’s Code.

Grandparent custody:  In some circumstances in which the grandparent has had physical care of the child for at least six months, grandparents may request allocation of parental responsibilities (custody) or parenting time/visitation. However, this Petition must be filed within six months of the time grandparents had care of the child.

Under the Colorado Children’s Code, grandparents in certain circumstances may request visitation rights with their grandchild. The Court may award visitation to grandparents after finding that such an Order would be in the grandchild’s best interest and that certain other criteria have been met.

Common grounds for pursuing grandparent visitation include matters under the Children’s code include:

  1. The parents of the child are legally divorced or separated.
  2. The child is in the custody of someone other than the parents (not including adoption).
  3. One parent dies.

(C.R.S. 19-1-117)

As stated above Grandparents may seek allocation of parental responsibilities (custody) if he or she has had physical care of the child for more than six months and has initiated an APR action within six months.  These are two separate actions and each provides an independent foundation for standing.

Call us today to discuss questions.

In addition to grandparent visitation rights and grandparent adoptions, I can also help to secure grandparent custody in cases where the natural parents have died, are unable to adaquately care for the child or when illegal drugs or other factors may be putting the child at risk.

Please contact me to discuss your Grandparent Rights issue. A free consultation is offered to all new clients. I can be reached at 303-892-7000 or via email below to schedule an appointment.