Denver Grandparents’ Rights Lawyers
Preserving Family Bonds & Protecting Grandparents’ Rights
At Jorgensen, Brownell & Pepin, P.C., we understand that the relationship between grandparents and grandchildren is precious and irreplaceable. Our family law team is dedicated to preserving that bond, ensuring grandparents and great-grandparents successfully overcome complex family dynamics and changing circumstances while protecting the child’s best interests.
A grandparent or great-grandparent of a child may be able to obtain visitation rights where:
- There is an existing divorce or custody case involving the child's parents
- There has been a judicial placement of the child outside the immediate family
- The child's parent (grandparent's child or the great-grandparent's grandchild) has died
Whether your visitation rights are being unjustly withheld, you are facing legal barriers, or you simply seek to establish a legal framework to ensure ongoing access to your grandchildren, our experienced legal team will step in to ensure your rights are recognized and respected. Contact us today!
Grandparents' Visitation Rights: Understanding Your Rights
A grandparents’ right to spend time with and maintain a relationship with their grandchildren generally depends on the parents’ approval—particularly in cases where the parent is in good health.
A parents’ right to make decisions about their children’s care, custody, and relationships are protected by the US Supreme Court, which assumes parents will act in the best interest of the child. Therefore, parents have the authority to decide who their children spend time with.
However, there is an exception to the rule.
In cases where parents challenge grandparents’ wishes to visit with and maintain a relationship with their grandchild, grandparents may be able to secure visitation rights if they can provide clear and convincing evidence that maintaining that relationship is in the child's best interest.
While our team is adept at securing visitation rights for grandparents, some circumstances may limit your ability to access those rights under Colorado law, including:
- Termination of the parental rights of the child's parents
- The child's placement for adoption
- Completion of the adoption process
- Situations where the parents are not involved in the child's life due to issues related to domestic relations, juvenile matters, or probate cases
Frequently Asked Questions
I already filed a grandparent visitation motion and lost. Can I file again?
Yes. However, in Colorado, a motion for grandparent visitation can only be filed every two years. This is why it is so important to consult with our experienced family law team from the outset, before filing the initial motion. We can assess your case, strategize the best approach for your situation, and ensure that your legal rights are protected throughout the process.
Can grandparents obtain custody of their grandchildren?
Yes, in some cases. This is more common in situations where the parents are deemed unfit due to reasons such as abuse, neglect, substance abuse, or mental health issues. Our lawyers can assist by evaluating your situation, advising on the likelihood of obtaining custody, and guiding you through the legal process to present a compelling case for your grandchildren's welfare.
How can I petition for visitation rights as a grandparent?
Yes. This process typically involves filing a request with the court, which then evaluates the petition based on the child's best interests, the existing relationship between the grandparent and the child, and any potential impact on the child's relationship with their parents.
What factors do courts consider when granting grandparents visitation or custody?
Typically, they consider the existing relationship between the grandparents and the child, the emotional and physical well-being of the child, the preferences of the child (depending on their age), and any evidence of abuse or neglect by the parents. The overarching consideration is always the best interests of the child.
How can grandparents support their case for visitation or custody?
Our family law attorneys can assist in these situations. We suggest beginning by gathering evidence of your ongoing relationship and bond with the grandchild, any contributions you've made to the child's well-being and development, and instances where you have provided care or support. Additionally, demonstrating the negative impact on the child if this relationship were to be diminished or severed can be persuasive.
Jorgensen, Brownell & Pepin, P.C.: Empowering Grandparents Since 1989
Are there unnecessary obstacles standing between you and your grandchildren? Our team is here to ensure your special bond is legally acknowledged and preserved. Together, we will reach an outcome that not only empowers you and protects your relationships but also serves the best interests of your grandchildren. Contact us today!
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