What Should I Expect When Going To Court For My Child Custody Case?

First off, you should expect that the judge is going to expect that you’re going to be prepared to present your case. You need to think about logistics. In other words, if you are arguing that you should have the children most of the time, the judge is going to...
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How Long Does It Take To Get A Divorce In Colorado?

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What Is A Cohabitation Agreement And Why Might I Need One?

A Cohabitation Agreement is an agreement between two parties who are not married who want to live together. It’s important to get a Cohabitation Agreement if you are going to live with your boyfriend or girlfriend and you are going to acquire a property...
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How Long Does A Child Custody Case Take In Colorado?

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Grandparent Visitation Rights in Colorado

Individuals may wonder if grandparents have the right to ask the court for visitation rights with their grandchildren. In Colorado, grandparents do have the right to ask for visitation rights under certain conditions.

A grandparent can seek a court order, in the county where the child resides, granting the Grandparent reasonable visitation with their grandchild if:

  • There has been a child custody case
  • There has been a case involving the allocation of parental responsibilities
  • If the marriage of the parents has been held to be invalid or dissolved or there has been a legal separation.
  • If the child has been placed outside of the home and is not living with the parent (unless legally adopted)
  • If the parent of the grandchild has died and that person is your son or daughter.

The Court will look to “the best interests of the child” to determine if grandparent visitation is appropriate. The grandparent has the burden to prove by “clear and convincing evidence” that the parent who wants to deny visitation is not acting in the best interest of the child and that visitation would, in fact, be in the best interest of the child.

Enforcement of Grandparent Visitation Rights

If you have been granted grandparent visitation by the Court and the parent with legal custody or parental responsibilities is not complying with the Order, you may bring a motion to the Court to have your visitation enforced. The Court has broad powers to enforce visitation given the circumstances of your particular case. The court may order mediation or a full hearing and has the power to bring sanctions or even require jail time if the Order is not complied with.

Seeking Custody of a Grandchild

In order for a Grandparent to gain legal custody of their grandchild the parental rights of the parents must either be terminated under Colorado’s Dependency and Neglect Statutes or voluntarily relinquished under Colorado’s Children’s Code or the parents must have both died.

In all of these cases you would have to be part of the proceedings to terminate or relinquish parental rights and there would most probably be one or more hearings before the Court. We are happy to go over the required actions with you given the circumstances of your case.

If you would like to ask one of our attorneys a question about grandparent visitation or custody in Colorado or skip that step and come in for a consultation, we encourage you to do so sooner rather than later.

What makes Lewis & Matthews a better choice to help you assert your Grandparent’s rights in Colorado?

What Should I Expect When Going To Court For My Child Custody Case?

First off, you should expect that the judge is going to expect that you’re going to be prepared to present your case. You need to think about logistics. In other words, if you are arguing that you should have the children most of the time, the judge is going to...
Read More

How Long Does It Take To Get A Divorce In Colorado?

...
Read More

What Is A Cohabitation Agreement And Why Might I Need One?

A Cohabitation Agreement is an agreement between two parties who are not married who want to live together. It’s important to get a Cohabitation Agreement if you are going to live with your boyfriend or girlfriend and you are going to acquire a property...
Read More

How Long Does A Child Custody Case Take In Colorado?

...
Read More