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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- Parental rights of your child (the child’s parent) have been revoked.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 Visitation Rights
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:
- Motion to intervene
- Order to intervene
- Order for Grandparent or Great-Grandparent Visitation
- Verified Pleading Affidavit for Grandparent or Great-Grandparent Visitation
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.
Elkus & Sisson, P.C. has the experience to fight for your Grandparents Rights in Colorado
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.