Family Law

Colorado Grandparent Rights Lawyers

If you are the grandparent or great-grandparent of a child, you may have the right to regular visitation with your grandchild. The relationships between grandparents and grandchildren are often important, loving relationships that should be preserved in 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

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 finalized
  • 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 (Allocation of Parental Responsibilities) 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 Colorado attorney to discuss how we can help with your family law matter.

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