Key Takeaways:
- Grandparents in Colorado can seek court-ordered visitation (“grandparent family time”) only in specific situations, such as when the child’s parents are divorced or legally separated, when a custody case has occurred, when a third party has parenting time, or when the grandparent’s child (the parent of the grandchild) has died.
- Colorado courts decide grandparent visitation requests using the “best interests of the child” standard, but parents’ decisions are given strong legal weight under the U.S. Supreme Court case Troxel v. Granville.
- If a parent objects to grandparent visitation, the grandparent must present clear and convincing evidence that denying visitation is not in the child’s best interests and that the requested family time would benefit the child.
- Grandparents cannot request visitation when the child’s family is intact, and there has been no court involvement in custody or parenting time.
- In limited situations, grandparents may seek allocation of parental responsibilities (For example, if they have been caring for the child, previously provided at least six months of physical care, or if the child has been removed from the parents due to abuse or neglect).
Having grandkids can be an absolute joy. It can also bring a lot of heartache if you have a complicated relationship with your adult kids and/or their partners. There may also be situations where your adult kids are unable to care for their children.
In Colorado, grandparents can seek visitation (grandparent family time) with their grandkids if there has been a custody case involving the kids. Courts will grant it if visitation is in the best interests of the grandkids, but if the parents object, it is much more difficult to get visitation. Grandparents may also seek custody of their grandkids in limited situations, such as in cases where they have been raising their grandkids or where the state has removed the kids due to abuse or neglect allegations.
At Ascent Legal Group, we offer a full range of Colorado family law services to clients throughout the greater Colorado Springs area. If you are a grandparent seeking visitation and/or custody, we will advise you of your rights and help you decide on a course of action. Reach out to our law firm today to schedule a free 30-minute consultation with a Colorado family law attorney.
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An article can provide helpful information, but the fastest way to get your family law questions answered is to speak directly to a family lawyer. You can speak with the Colorado family lawyers at Ascent Legal for free today.
Grandparents’ Visitation Rights in Colorado
In Colorado’s domestic matters statute, there is a provision that specifically addresses grandparents’ rights when it comes to seeing their grandkids. This is known as “grandparent family time.”
The Colorado General Assembly has declared that grandparent visitation can be in the best interests of the child. The law states in part:
- The General Assembly finds and declares that:
- A close relationship between grandparents or great-grandparents and grandchildren or great-grandchildren can be beneficial for the health and well-being of grandchildren or great-grandchildren; and
- Grandparents or great-grandparents may provide acceptance, patience, love, stability, wisdom, and support to grandchildren or great-grandchildren.
- The general assembly further finds that it may be in the best interests of grandchildren or great-grandchildren for grandparents or great-grandparents to be granted grandparent or great-grandparent family time because of the positive effects the relationship may have on a grandchild’s or great-grandchild’s health and well-being.
This law does not mandate that grandparents and great-grandparents always have a right to visitation with their grandkids or great-grandkids. Instead, it recognizes that it may be in the kids’ best interests to have their grandparents in their lives.
When Grandparents Can Seek Visitation Rights In Colorado
Under § 14-10-124.4, a grandparent or great-grandparent can seek visitation rights whenever there has been an allocation of parental responsibilities (APR) case (other states may refer to APR as custody) involving the child, including:
- The dissolution, legal separation, or annulment of the child’s parents’ marriage;
- A third party (someone other than the parents) has parenting time (custody) over the grandchild, other than through adoption; or
- The child’s parent who is the child of the grandparent has died (i.e., the parent who died must be the child of the grandparent seeking visitation rights, not the unrelated parent).
Great-grandparents can also seek visitation rights under these laws.
Importantly, neither grandparents nor great-grandparents can request visitation rights when their grandchild’s family is intact. If they are estranged from their children or otherwise are not permitted to spend time with their grandkids, they don’t have any recourse if the courts have not intervened in the case. For example, if a couple broke up and is living separately but has handled custody arrangements informally, the grandparents don’t have any legal basis for seeking visitation.
Finally, grandparents do not have rights to visitation if the child is adopted after both parents’ parental rights are terminated. In situations where one parent still has parental rights, such as a step-parent adoption, grandparents can still seek visitation. If you aren’t sure of your rights related to your grandkids, our team of experienced Colorado family law attorneys can advise you and advocate for you.
How Grandparents Can Request Visitation Rights
To request visitation, a grandparent must file a petition with the court. A judge may grant grandparent family time if it would be in the best interests of the child. The best interests of the child standard is the bedrock principle that guides every decision related to child custody and visitation in Colorado.
What Happens When A Parent Contests The Request For Visitation?
Parents can contest a request for grandparent visitation. Under a 2000 United States Supreme Court ruling, Troxel v. Granville, a grandparent’s right to see their grandkids must be balanced against the parents’ rights. In Colorado, the Troxel case has been interpreted to mean that there is a presumption in favor of the parents determining the grandparents’ ability to see their grandkids.
To overcome this presumption, grandparents must show by clear and convincing evidence that the parents’ decision is not in the child’s best interests. They also must show by clear and convincing evidence that the visitation that they seek is in the child’s best interests. As a legal standard, clear and convincing evidence is much higher than the typical standard for evidence in civil cases (a preponderance of the evidence, or more than 50% likely). It is less stringent than the standard for criminal cases, beyond a reasonable doubt.
There are a lot of complexities that can arise in these cases. For example, there may be situations where the parents disagree about whether or not a grandparent should have visitation. In these cases, the parent opposing the visitation still gets the Troxel presumption. Even if one parent is in favor of grandparent family time, the grandparent will still have to overcome that hurdle for the other parent.
In some cases, the court may appoint a Child’s Legal Representative (CLR) to represent the best interests of the child. This is done in situations where there is some dispute over grandparents’ visitation rights. A CLR can be helpful in assisting the court as it determines whether visitation is in the best interests of the child(ren).
The Troxel standard, as applied in Colorado, makes it much harder for grandparents to get visitation rights if one or both parents object. It is still possible to win visitation rights, particularly if a grandparent has been a big part of the child’s life and the parent is acting unreasonably. However, it is difficult to get visitation if the parents do not want the grandparents to have grandparent family time.
Grandparents’ Custody Rights in Colorado
More grandparents than ever before are raising their grandkids. This can happen for a variety of reasons, such as the child’s parents struggling with substance abuse disorder or mental health issues. In this situation, grandparents can seek an official court order to assume primary parental responsibility (custody) over their grandkids.
Grandparents are not automatically awarded custody. Just like any custody case, a court will have to determine if it is in the best interests of the child for the grandparent to have custody of them. This will necessarily include an evaluation of whether the grandparent is a suitable custodian. If there are any credible allegations of child abuse or neglect in the grandparents’ past, then a court is unlikely to award them custody.
When Grandparents Can Petition For Custody In Colorado
Grandparents typically are able to gain custody of their grandkids in a few types of cases. First, if a grandparent has actual physical care of a child, they can petition the court for allocation of parental responsibilities. The court will then decide whether it is in the child’s best interests for the grandparents to have custody.
For example, consider a situation where a grandchild has been living with their grandparents for over a year because their parent moved in with a new partner who doesn’t want kids around. In this case, because the grandparents have actual physical care of the child, they can seek custody.
Second, a grandparent (or other person) can petition for custody if they had physical care for at least 6 months. They will need to file for custody within 6 months of the termination of physical care. This means that even if they aren’t currently caring for their grandchild, they can still seek custody if they had been caring for their grandchild for at least 6 months.
Third, if a child is removed from a parent’s home due to abuse and/or neglect allegations, grandparents have a preference over other potential foster parents for the placement of the child. Grandparents can also intervene in a dependency and neglect case even if the child has never been in their care.
It is important to understand that courts will only award custody of a child to their grandparent in limited situations. A grandparent cannot seek custody of their grandkids simply because they think they’d be better parents. As described above, there are limited scenarios where a grandparent can petition the court for custody.
Of course, these situations are not uncommon. If you are currently raising your grandkids or if there are issues of abuse and neglect, it may be possible to seek formal custody over the children. While this can be a difficult decision to make, it may be the best choice in some cases to provide more stability to your grandkids.
Experienced Legal Representation for Colorado Grandparents
No grandparent wants to have to go to court to be in their grandkids’ lives. Unfortunately, life can sometimes be messy. It may be necessary to seek legal recourse for visitation or even custody of your grandkids. Our law offices can help.
Ascent Legal Group represents grandparents in Colorado family law matters, including divorce, child custody, and visitation. We will provide an honest, realistic assessment of your options so that you can make an informed decision on how to move forward with your case. For a free 30-minute consultation with a Colorado grandparents’ rights lawyer, give us a call at 719-256-0067 or fill out our online contact form.
