There are few things more exciting than becoming a grandparent. Unfortunately, the relationship between grandparents and grandkids can sometimes be strained by a range of different circumstances. Whether you have a difficult relationship with their parents or their parents are unable to take care of your grandkids, you might find yourself in a situation where you are considering taking legal action to see your grandkids.
In Colorado, grandparents can petition for visitation, known as grandparent family time, if there has been a custody case involving the grandkids. If visitation is in the best interests of the grandchildren, then a court may grant visitation. However, if the parents object to grandparent family time, it is often more difficult to win a case.
At Solutions Based Family Law, we represent grandparents in a range of family law cases, including visitation and custody matters. We take a practical approach to family law matters, helping our clients understand how Colorado law may apply to their case so that they can make a more informed decision about how to move forward. Contact our law firm today to schedule a confidential consultation with a Denver grandparents’ rights attorney.
Do Grandparents Have a Right to Visitation in Colorado?
Colorado law recognizes the importance of the relationship between grandparents or great-grandparents and their grandkids. While these laws do not give grandparents and great-grandparents an unqualified right to have visitation with their grandkids, they do acknowledge that it may be in the kids’ best interests to have their grandparents in their lives. This is known as grandparent family time.
Grandparents can seek visitation in Colorado whenever there has been a child custody (allocation of parental responsibilities) case involving the child, including:
- The dissolution, legal separation, or annulment of the parents’ marriage;
- A third party has custody over the grandchild, other than through adoption; or
- The child’s parent who is the child of the grandparent has died (in other words, the grandparent can seek visitation with their grandchild if their own child has died, not if the child’s other parent has died)
Importantly, grandparents and great-grandparents can’t seek visitation when their grandchild’s family is intact. They can only petition the court for visitation if there is some type of child custody case involving their grandchild.
For example, consider a situation where a grandparent has a falling out with their adult child, and that child cuts off contact with the grandparent. As long as the grandchild’s family remains intact, the grandparent cannot seek visitation with their grandchild. If the parents go through a breakup or a divorce, however, the grandparents could petition for visitation as long as there is a court case for custody. If the parents handle custody informally and don’t go to court, then the grandparents won’t be able to ask for visitation.
In addition, grandparents don’t have visitation rights if their grandchild is adopted by another family after both parents’ parental rights are terminated. If one parent still has parental rights, such as in step-parent adoption situations, grandparents can still seek visitation. However, if the child is adopted into a new family, their relationship with their biological family is legally severed, and so the grandparents do not have visitation rights.
The question of grandparent visitation rights can be complex and is often emotionally fraught. Most grandparents want to be in their grandkids’ lives and would go to great lengths to protect their grandchildren. If you are unsure of your right to visitation as a grandparent, our seasoned Colorado family law attorneys can listen to your story and help you understand your options.
Seeking Grandparent Family Time in Colorado
If you want to seek grandparent visitation in Colorado, the first step is to file a petition with the court. If a judge determines that grandparent family time would be in the best interests of the child, then the court may grant the request. The best interests of the child is the standard that guides every child custody decision in Colorado.
Importantly, parents have the right to object to a request for grandparent visitation. Under a United States Supreme Court ruling, Troxel v. Granville, a grandparent’s right to see their grandchild has to be balanced against the parents’ rights. In Colorado, this case has been interpreted to mean that there is a presumption in favor of the parents deciding if the grandparents should see their grandkids.
It is possible to overcome this presumption. If a grandparent can show by clear and convincing evidence:
- The parents’ decision to deny them visitation is not in the child’s best interest; AND
- Grandparent visitation is in the child’s best interest
The court may grant grandparent visitation. Clear and convincing evidence is a very high standard, requiring a greater amount of proof than the typical standard for civil cases (a preponderance of the evidence).
These cases can become complicated. For example, if the child’s parents are splitting up, they may disagree about whether a grandparent should get visitation. However, if even one parent objects to grandparent visitation, the grandparents will have to overcome the Troxel presumption.
If there is a dispute over grandparents’ visitation rights, the court may appoint a Child’s Legal Representative (CLR). The job of the CLR is to represent the best interests of the child, which may be necessary in cases where the parents and grandparents disagree about visitation rights. A CLR can help the court determine if grandparent family time is in the best interests of the kids.
Under the Troxel standard, it will be difficult for a grandparent to get visitation if one or both parents object. That doesn’t mean that it is impossible, but it will be challenging. Our Denver family lawyers can analyze your case and help you decide how to proceed if you are contemplating seeking visitation as a Colorado grandparent.
Can I Get Custody of My Grandkids?
In some situations, grandparents can get custody of their grandkids. This can happen in a few scenarios:
- If a grandparent has actual physical care of a grandchild, they can petition the court for allocation of parental responsibilities (child custody). The court will then make a decision based on the best interests of the child.
- A grandparent can petition for custody if they had physical care for at least 6 months. In this scenario, the grandparents will need to file for custody within 6 months of the termination of the physical care. In other words, even if a grandparent isn’t currently caring for their grandchild, they can still petition for custody if they had been taking care of a grandchild for at least 6 months.
- If a child is removed from their parents’ home due to abuse and/or neglect, then grandparents are preferred over other potential foster parents when it comes to placing the child in a safe home. Even if a child has never been in their care, grandparents can also intervene in a dependency and neglect case.
Courts only award custody of grandchildren to their grandparents in these limited situations. If you are upset about the way that their parents are raising them or just think you’d be a better parent, that isn’t enough to get custody. There needs to be something more for a court to grant custody to grandparents.
Many grandparents in Colorado are dealing with difficult situations, such as adult children who have substance abuse or mental health issues. It may be possible to seek custody of your grandkids in these types of cases, particularly if you are already caring for them or the state has gotten involved because of abuse or neglect.
If you are contemplating seeking custody of your grandkids, we can help. Our team of experienced Colorado grandparents’ rights lawyers can analyze your situation and help you understand your options.
Compassionate Legal Representation for Grandparents in Colorado
In an ideal world, grandparents wouldn’t have to go to court to be able to see their grandchildren or to get custody of their grandkids. Sadly, there are situations where petitioning the court for grandparent family time or custody may become necessary. Our law firm can work with you to help you understand both your rights and your legal options as a grandparent.
Solutions Based Family Law provides strategic legal counsel to clients in all types of Colorado family law matters. Whether you are a grandparent seeking visitation with your grandchildren or are dealing with a different family law issue, we are here for you. To learn more or to schedule a consultation with a Denver grandparents’ rights attorney, give us a call at (866) 522-7959 or fill out our online contact form.