In Colorado, grandparents do have the right for grandchild custody and visitation. There is a statute that allows grandparents to file a motion and establish their visitation in the county the grandchild resides. However, this can be difficult. The motion must be filed as an underlying action under such things as dissolution of marriage between the grandchild’s parents or an Allocation of Parental Responsibilities proceeding.
Due to the need for a filed motion, grandparents are barred from filing a separate action outside of these reasons. Grandparents do have the right to file for custody if the child has been in their care for more than six months continuously. Therefore, if you have been caring for your grandchild and that care has been for more than 182 days, you have the right to file for Allocation of Parent Responsibilities on the basis that the child has been under your care for that length of time.
This process would be an original proceeding. In addition, it is also possible to file a motion in a divorce case or an Allocation of Parental Responsibilities case if you have been the primary caretaker for the child for roughly six months.
It is always hard to understand the legal requirements without having an expert to help guide the process. If you are concerned or want to learn more about your rights as a grandparent, please schedule a consultation with Lewis & Matthews or call us at (303) 329-3802 today. We will talk about the options that you have and ways that you can move forward that would be in your grandchild’s best interest.