Colorado Grandparent Visitation Lawyers
If you are a grandparent who is being denied access to your grandchildren, or if you are concerned about your ability to see your grandchildren in the future, our experienced family law attorneys can help.
As a grandparent, you play an important role in your grandchildren’s lives. You may provide love, support, and guidance to your grandchildren, and may even be their primary caregiver. However, in some cases, you may be denied access to your grandchildren due to a strained relationship with their parents or other factors.
Fortunately, under Colorado law, grandparents have certain rights to visitation with their grandchildren.
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What is grandparent visitation?
Grandparent visitation refers to the legal right of a grandparent to have contact with their grandchildren. Grandparent visitation can be granted by a court order, and can include regular visitation, holiday visitation, or other arrangements that allow the grandparent to spend time with their grandchildren.
Under Colorado law, a grandparent may seek visitation with their grandchildren in certain circumstances, such as:
- when there is or has been a child custody case or a case concerning the allocation of parental responsibilities relating to that child;
- a non-parent third party has been allocated custodial rights or parental responsibilities for a child, or a child has been placed outside of and does not reside in the home of the child’s parent, excluding a child who has been placed for adoption or whose adoption has been legally finalized;
- the child’s parent, who is the child of the grandparent or grandchild of the great-grandparent, has died.
What is the Appropriate Standard for Issuance of an Order for Grandparent Visitation?
The appropriate standard for issuance of an order for grandparent visitation requires: (1) a presumption in favor of the parental visitation determination; (2) to rebut this parental presumption, a showing by the grandparents through clear and convincing evidence that the parental visitation determination is not in the child’s best interests; and (3) placement of the ultimate burden on the grandparents to establish by clear and convincing evidence that the visitation schedule they seek is in the best interests of the child. The court must apply this standard in grandparent visitation cases, and, if it orders grandparent visitation, it must make findings of fact and conclusions of law identifying those “special factors” on which it relies.
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Frequently Asked Questions
How can a grandparent seek visitation with their grandchildren?
To seek visitation with their grandchildren, a grandparent must file a Petition in the District Court in which the child resides. The party who has custody or parental responsibility of the child may oppose the motion. If neither party requests a hearing, the court shall enter an order granting visitation rights to the petitioning grandparent only upon a finding that the visitation is in the best interests of the child. If a party requests a hearing, a hearing shall be held or if a court determines that it is in the best interests of a child to hold a hearing.
Can the child move if the Court grants grandparent visitation rights?
The court may not make any order restricting the movement of the child if such restriction is solely for the purpose of allowing the grandparent or great-grandparent the opportunity to exercise his grandchild or great-grandchild visitation rights.
How Nexus can help
Evaluating your case
We can evaluate your situation and determine if you have legal grounds for seeking grandparent visitation. We will explain your rights under Colorado law and discuss your options with you.
Preparing your case
If you have legal grounds to seek grandparent visitation, we will prepare your case and help you gather any evidence you need to support your case. We will also prepare all legal documents required for court process.
Representing you in court
Our skilled attorneys will represent you in court and argue on your behalf for grandparent visitation. We will present a compelling case to the court, emphasizing the importance of your relationship with your grandchildren and advocating for your right to visitation.
Negotiating a settlement
In some cases, it may be possible to negotiate a settlement with the child’s parents or guardians outside of court. Our attorneys can help you negotiate a fair and reasonable settlement that allows you to visit with your grandchildren.
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