When Grandparents Are Not Eligible for Visitation Rights
A grandparent or great-grandparent of a child might not be eligible to
obtain visitation rights if the following circumstances exist, unless
the child's parent who is the child of the grandparent or the grandchild
of the great-grandparent has died:
- If parental rights of the child's parents have been terminated.
- If the child has been placed for adoption or the adoption has been legally
- If the parents of the child have not participated in a Domestic Relations,
Juvenile or Probate case as identified above. [In such cases, if the grandparent
or great-grandparent has provided direct physical care of the child, they
may be able to directly petition for allocation of parental rights (custody).]
The grandparent or great-grandparent can file either a motion to intervene
in an already existing case or they can file a new case to request grandparent
or great-grandparent visitation where the child's parent (who is the
child of the grandparent or grandchild of the great-grandparent seeking
visitation) has died. If a grandparent or great-grandparent has had a
significant amount of direct care for the child, they may also be able
to file a custody case seeking the direct care of the child.
Jorgensen, Brownell & Pepin, P.C.: Helping You Protect Your Grandchild
If you are a grandparent or great-grandparent of a child and you have questions
about visitation or your rights as an important part of a child's
life, call us to talk with a Longmont family law attorney to discuss how
we can help.