Colorado Grandparents’ Rights Lawyers
Protecting Grandparents Rights Since 1989
The relationships between grandparents and grandchildren are often important, loving relationships that should be preserved in the child's best interests. Unfortunately, 30 years of experience have shown us that family disputes and changing circumstances can jeopardize these relationships. This is one reason clients turn to the family law team at Jorgensen, Brownell & Pepin, P.C.
If you are the grandparent or great-grandparent of a child, you may have the right to regular visitation with your grandchild in situations 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
If your visitation rights have been unjustly compromised, please know that our family law attorneys are here to support you through the legal process and ensure your rights are respected. Contact us today!
When Grandparents Are Not Eligible for Visitation Rights
In many cases, our family law team can help you secure visitation rights. However, it’s important to consider that specific legal conditions could limit your ability to obtain those rights, including:
- The termination of the parental rights of the child's parents, which might restrict legal access to the child
- The child's placement for adoption or the completion of the adoption process, altering the child's legal family structure
- A lack of involvement by the child's parents in domestic relations, juvenile, or probate cases, which might require a different legal approach
In situations where the child's parent—who is the child of the grandparent or the grandchild of the great-grandparent seeking visitation—has passed away, additional legal avenues may be available.
This includes filing a motion to intervene in an existing case or initiating a new case to request visitation rights.
Grandparents or great-grandparents who have provided significant direct care for the child might have the opportunity to file for custody or visitation, emphasizing the child's need for continued contact with those who have played a pivotal role in their upbringing.
Our team is here to explore every legal option available to you. Please contact us today to learn more about how we can support you.
Frequently Asked Questions
What visitation rights do grandparents have?
They may have the right to petition for visitation with their grandchildren, especially if the parents are divorced, one or both parents are deceased, or if the family structure has undergone significant changes. However, it is important to remember that the courts generally consider the child's best interests when granting such petitions.
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 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?
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, the courts 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 your 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.
Secure Your Visitation Rights Now!
If you are facing uncertainties about your visitation rights, we're here to help. The team at Jorgensen, Brownell & Pepin, P.C. has over three decades of family law experience and is here to offer expert guidance tailored to your unique situation. Please contact us for a compassionate conversation about protecting your relationship. Contact us today!
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