What Visitation Rights Do Grandparents Have In Colorado?
In Colorado, grandparents have limited visitation rights.
Whether you are a grandparent seeking visitation rights or a parent concerned about the rights of a former partner’s parents, understanding the rules and guidelines can help you make important decisions.
Can A Grandparents Seek Visitation Through the Courts?
Yes. While grandparents have limited rights in Colorado, the law does allow grandparents and great-grandparents to request visitation in specific circumstances.
If a grandparent pursues visitation rights, the court will decide based on qualifying circumstances and the child’s best interest. The court will consider several factors when making this determination, including a parent’s objection to the request for visitation.
If the court grants grandparent visitation rights, the court develops a visitation schedule which becomes an order from the court. The parents or legal guardians must follow the court order.
What Steps Must Grandparents Take to Request Visitation Rights?
Grandparents seeking visitation rights in Colorado must file a petition with the court. The petition should include information about the grandparent’s relationship with the child and any other relevant information that may help the court make its decision.
The grandparent must establish qualifying circumstances as defined under the law. According to the law, grandparents may request visitation if:
- The child’s parents have dissolved, separated, or annulled their marriage where parenting time was determined.
- Someone other than the parents have custody of the child.
- The child’s parent, who is the grandparent’s child, has passed away.
After filing the petition and establishing qualifying circumstances, the court will schedule a hearing to determine whether or not to grant visitation rights.
What Happens During and After the Hearing?
Both parties can present evidence and arguments to support their position at the hearing. The court will make a ruling which will become a court order.
If the court grants visitation rights, it will develop a schedule that outlines when and how often the grandparent can visit with the child. Both parties must follow this schedule.
If the court denies visitation, the grandparents will not have a legally enforceable right to see the child. In this case, the court is not forbidding the grandparent and grandchild to see each other. Instead, the parents or legal guardian can determine if the grandparents can spend time with the child.
Can A Parent Keep A Child From Seeing Grandparents?
Yes. A parent can keep a child from seeing grandparents if the court has not granted visitation rights. If a grandparent petitions for visitation rights, the parent will have the opportunity to present their case to the court, including why they do not want the child to spend time with the grandparents.
If the court awards grandparents visitation rights, the parents must follow the court’s order.
How Can A Family Law Attorney Help?
A family law attorney can help grandparents seeking visitation rights in Colorado by providing legal advice and guidance. An experienced attorney can help grandparents understand their rights and the laws that apply to their case and assist with filing a petition and preparing for the hearing. An attorney can also represent a grandparent during the hearing and present evidence to support their case.
A family law attorney may also represent parents in a case where the grandparents filed a petition to seek visitation rights.
If you need support with grandparent visitation rights, contact Philip Goldberg PC. We can help you understand the process and determine the best path forward.
