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Articles Posted in Grandparent Visitation

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Grandparent visitation is a unique area of family law that not many people are aware of. This is different from grandparents adopting a grandchild, seeking custody (parental responsibilities) of a grandchild, or seeking a guardianship of a grandchild.  For more on those topics, please visit some of our prior blog posts.  In Colorado, the State recognizes grandparent visitation rights with a minor child under a specific set of conditions set forth in statute.

Pursuant to §19-1-117 of the Colorado Revised Statutes, a grandparent or great-grandparent can ask the court for “reasonable” visitation time with the minor child if there has been a child custody case or case concerning the allocation of parental responsibilities relating to the minor child previously filed with any Colorado court. The following situations are cases in which a petition for grandparent visitation would be appropriate: Continue reading

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An area that can present a cause for concern in Colorado child custody cases is the question of grandparent visitation. Can grandparents request visitation with their grandchildren through a judicial process just as a divorced parent asks for parenting time with his or her child? Colorado gives grandparents more legal rights than many states do, but these rights are still limited. A grandparent can bring a case to court only under certain circumstances.

Colorado Revised Statutes 19-1-117 controls this issue, stating that a grandparent can seek judicial recourse under such conditions as: (1) the parents are legally separated or divorced and there has been a child custody case, (2) custody of the child has been given to someone other than the parents, (3) the marriage of the parents is annulled, or (4) the child’s parent who is the child of the grandparent dies.

Additionally, grandparents cannot sue for visitation merely because they are estranged from the parents. The grandparents bear the burden of proving by clear and convincing evidence that a parent who wants to deny them visitation is not acting in the child’s best interests and also that visitation would be in the child’s best interests.
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