Grandparents can petition the courts for visitation rights when the child’s parents are divorced or separated, when the child is placed in foster care, or when a parent has passed away.
Colorado law allows for visitation rights to be granted in these situations. However, the court will still consider why the parent denied the visitation and the child’s best interest.
Grandparents can petition for custody under specific circumstances. If a child is removed from their parent's home by authorities, grandparents have a preference for placement over foster parents but not over the other parent. Grandparents raising their grandchildren can also seek custody. Additionally, grandparents who have had custody for at least six months can petition for an allocation of parental responsibilities within six months of the physical care termination.
Keep in mind, even under these set circumstances, grandparent rights are not automatically granted. It’s best to consult a grandparent rights attorney before taking any legal action.
The U.S. Supreme Court has ruled that states must honor a fit parent’s decision about whether their child has a relationship with their grandparent.
These are notoriously challenging cases to win. However, if you can present clear and convincing evidence that visitation is in the child’s best interest, you may have a case. Our attorneys have achieved positive outcomes for grandparents seeking visitation rights in Colorado. Find out if we can do the same for you by booking a consultation.