Attorneys for Grandparents' Rights in Colorado
At ELKUS & SISSON, P.C., our team of seasoned professionals brings a wealth of experience to navigating complex legal challenges with precision and dedication.
Fighting for Grandparents’ Rights Throughout Colorado.
Grandparents’ rights in Colorado can be complicated. However, the courts in Colorado are very clear for grandparents seeking visitation rights of their grandchildren.
First and foremost the parents are assumed to be the best decision makers for the children. With that being said, we understand there are circumstances in which grandparents may need to seek out a visitation schedule or custody.
When Grandparents Can Seek Visitation Rights
- The marriage or civil union of the parents has ended in divorce, annulment, or the couple is legally separated.
- The legal custody of the children has been granted to someone outside the home of the parents. This can be a result of a Juvenile Cases involving Neglect or Allocation of Parental Responsibilities. This does not include cases in which the children have been adopted or put up for adoption.
- The grandparent’s child (parent of the grandchild) has deceased.
If one of these conditions is met then grandparents may have standing with the courts and can file for visitation rights. If not, then the parents are assumed to make decisions in the best interest of the child.
When Grandparents May Not Be Able to Seek Visitation Rights
- Parental rights of your child (the child’s parent) have been revoked.
- The children have been adopted or have been put up for adoption.
- The parents have not been involved in Domestic Relations or Juvenile Cases that result in the allocation of parental responsibilities.
Steps to Take When Seeking Grandchild Visitation Rights in Colorado
The first thing a grandparent must do when seeking visitation rights of their grandchildren is to make sure one of the three conditions listed above is applicable to their case. Your case for visitation rights will have little chance of succeeding if one of these conditions is not met.
If one of these conditions does apply then the next step is to file for grandparent visitation. The State of Colorado has a helpful website that offers Specific instructions and forms for grandparent’s visitation rights in Colorado.
Next you should consult with an attorney that is experienced in family law. They will be able to guide you through the proper steps and help you complete the forms required to file your case. Forms related to Grandparents’ Visitation Rights include:
How Often Can I File for Visitation Rights of My Grandchildren?
If you are a grandparent seeking visitation rights of your grandchildren you can file for visitation rights once every two years.
Why Elkus & Sisson, P.C.?
Elkus & Sisson, P.C. has a team of highly skilled and experienced family law attorneys that understand each case is unique. We take the time to understand our clients’ unique situations and work hard to provide the best legal advice based on your unique situation and the child’s best interests.
In child custody cases our focus is on the best interest of the child/children involved. Our job is to request visitation or custody based on what is best for the children. Grandparents often have special relationships with their grandchildren that can make these cases complex and highly emotional.
Top Rated Lawyers in the State of Colorado
Common Types of Family Law
Divorce
Divorce
In Colorado, the laws surrounding divorce can be difficult to navigate. You do have the option to work out an uncontested divorce between you and your spouse. If this is not possible then it is important to find an experienced divorce lawyer. Even if you and your spouse are currently cooperating while navigating divorce, discussing your options with an attorney can be helpful. Divorce attorneys provide several services that will help you move on with your life. Things you will need to address when getting divorced include the division of property and assets, determination of allocation of parental rights (“child custody”) (if applicable), and spousal maintenance payments. Our family attorneys will also be able to provide you with the needed legal advice during the divorce. There are several things that you should and should not do to help you strengthen your case—that’s one reason we recommend talking to an attorney as soon as the divorce is being considered. In the gap between deciding on divorce and hiring an attorney, this “learning phase” will allow you to avoid making critical mistakes that take additional time, work, and money to fix. Protect yourself from the very beginning with our team’s representation.
Find out more information about the services our divorce attorneys provide.
Spousal Support
Spousal Support
Some divorce settlements require one spouse to pay spousal support to the other. Once referred to as alimony, this is now called spousal maintenance/support. Spousal support seeks to give a lower-earning spouse financial stability if there is a major earning disparity and if usually is considered if the marriage is at least 3 years.For example, divorce cases involving a high-earning spouse and a stay-at-home parent are likely to involve spousal support. The length of your marriage is also a contributing factor; someone married for a very short period will likely not pay or be paid alimony upon the end of the marriage but it is always in the court’s discretion However, an individual who was married for 20 or more years before divorcing could find themselves paying or receiving lengthy or permanent spousal support, which only terminates upon the death of the receiving party or remarriage of the receiving party.
Learn more about spousal support and how our firm can help you.
Child Custody
Child Custody
Allocation of parental Responsibilities (“Child custody”) is a subject that divorcing couples will need to confront. It can be emotionally draining and very complex. There are several factors that will help the court decide on the custody and visitation rights of parents and/or grandparents. Our family attorneys are experienced in the areas of:
- Visitation and parenting time
- Father’s rights
- Grandparents’ rights
- Parenting Time modification
If you are going through a divorce you may need to learn more about our services relating to child custody battles.
Child Support
Child Support
Doing what is in the best interest of the children should be at the heart of every child custody case. The Courts utilize a child support worksheet which demonstrates each party’s financial responsibility for the children (child) based on income, overnights and other factors. Our family attorneys will help calculate the needs based on financial records and statements to make sure your children are taken care of. Extensive medical care needs, extracurricular activities, childcare expenses, and other factors can increase or decrease child support. In most cases, the party who has the child the majority of the time receives child support paid by the parent with parenting time.
Explore our child support services to find out how we can help you.
Property Settlement
Property Settlement
To get the best results of property settlement cases during a divorce you need to have a skillful attorney with extensive experience. Property division can be very complex and exhausting when you start to include multiple properties, stocks, bonds, vehicles, etc… Assets that are considered “marital” and “non-marital” can also be complicated. Property that was acquired during the marriage will most likely need to be considered “marital” and things that were accumulated outside the marriage are most likely “non-marital”. It’s especially important to work with an experienced attorney if you and your spouse have a large and varied portfolio of assets. A fair division of assets depends on the accurate identification and valuation of each asset. Other situations also call for an attorney with extensive experience, including situations where you suspect that your spouse is attempting to hide assets or divorces involving hard-to-trace assets like cryptocurrency and NFTs.
Find out more about the services our property settlement attorneys provide.
Fathers' Rights
Fathers' Rights
Custody laws vary from state to state. This can have a significant effect on custody battles for fathers. According to Colorado law parenting time is based on what is in the best interests of the minor children. The Courts want the parties to be involved and to have joint decision making, when it’s appropriate and in the children’s best interests. Many fathers go into divorce or custody battles assuming that the odds are already against them and that the court will automatically side with the mother which is not the case and not the law. The court recognizes the importance of both parents in a child’s life. Whether you’re establishing your rights as a divorcing father or during a “custody” battle, know your rights and don’t give up before you’ve even started.
If you are a father involved in a custody battle then have a look at our guide that includes eight tips for fathers going through a child custody case.
Grandparents' Rights
Grandparents’ Rights
Grandparents often have special relationships with their grandchildren that can make these cases complex and highly emotional. You do have to meet certain criteria to qualify for grandparents’ rights in Colorado. You may be able to seek visitation with your grandchildren if their parent passes away and the other parent is keeping them from you, a non-parent currently has custody, or the child’s parents have divorced and your time with the child has been revoked.
If you need to know what your rights are as a grandparent relating to visitation of your grandkids then read our information on grandparents’ legal rights.
Adoptions
Adoptions
Adoption is a beautiful way to give a child a home and grow your family. No matter which type of adoption you are pursuing, it is crucial to work with an attorney who can navigate this complex area of family law. There are several types of adoptions recognized in Colorado. A foster adoption may occur after a biological parent’s rights are legally terminated and the foster parent chooses to adopt the child in their care. International adoption generally requires assistance from attorneys in both countries. Families pursuing private domestic adoption need a lawyer to protect their best interests as they seek to finalize their adoption. When a child is adopted by their grandparents, aunts or uncles, siblings, or extended family members, it’s referred to as kinship adoption. Stepparent adoption allows a stepparent who has taken on an important parental role to adopt their stepchild if the child’s biological parent has given up their rights or had their rights terminated. Adoption is complex, and there are many ways that the smoothest adoption can fall apart. Find out how our firm can help you with your adoption case.
Learn More About Adoptions
Marital Agreements
Marital Agreements
When you get married, divorce is an impossible thought. But for nearly half of all marriages, divorce is the eventual outcome. Marital agreements, more commonly known as prenuptial and postnuptial agreements, are contracts that can protect both parties in the event of a divorce. It’s important to work closely with an attorney in the drafting or review of these documents. You want to ensure that your best interests are protected, but you also want a legally enforceable contract. One-sided or vague marital agreements can get thrown out.
Learn more about your marital agreement options.
Family Law Violations
Family Law Violations
Having an agreement isn’t always enough. If you have a combative or uncooperative ex-spouse or co-parent, you could have years of family law violations to deal with. Refusing to pay for their share of medical bills, not paying spousal or child support, withholding your child at exchange time, and otherwise going against the clear terms of your agreement are issues that must be addressed. Let us help you find solutions to your ex’s family law violations.
Common Law Marriage
Common Law Marriage
Most states don’t recognize common law marriage, but Colorado does. It’s a complex analysis that does not rely on just one factor but a totality of factors and is in the discretion of a court to decide whether a common law marriage exists. Some factors include: whether a couple lived and held themselves out as a married couple, engaged socially with others as a married couple, received benefits for the other, and purchased property together, paid joint taxes, as well as many other factors. However, common law marriages present unique legal challenges, particularly when a couple splits up or has disputes about the status of their relationship. Our firm is here to help you with your concerns about your common-law marriage.