Under Colorado law, a grandparent has the right to see their grandchildren, albeit only in certain situations. At the law office of Peter Loyd Weber & Associates, we have experience representing clients in all family law matters, including grandparent visitation rights. Having a Colorado family law attorney on your side is crucial when you are thinking of the child’s best interest. Call us at (720) 863-7755 for a free consultation to see how we can help you today!
Frequently Asked Questions
Q: In what situation does a grandparent have rights to visit their grandchildren?
A: A grandparent can seek visitation if, and ONLY if, one of these three situations are present and in no other case but when:
- When the grandchild’s parents’ marriage has dissolved, or a court has entered a decree of legal separation; or
- When the grandchild’s parent, who is the child of the grandparent, has died; or
- When the legal custody of the grandchild has been given to a party other than the parent, or the child has been placed outside the home of the parent. However, a grandparent cannot ask the court to grant visitation when the grandchild has been placed for adoption, outside the care of the grandparent’s child.
Q: If one of those three situations exists for me, what can I do to ask for visitation?
A: You must file a motion with the court. That motion/form can be found online here.
However, even after filing and receiving grandparent visitation rights, those rights can be changed or modified in the future if it is in the best interest of the child.
Q: What if there is a pending case of abuse and neglect considering the child?
A: If there is a pending case and you, as the grandparent, wish to intervene and seek visitation rights, you can and must give your request (the form above) to all parties involved. There must be personal service on these parties before your request could be granted.
Q: Does there have to be a hearing in order for me to get court-ordered visitation with my grandchild?
A: No. If no party (including you) requests a hearing, the court can enter an order for Grandparent Visitation if it finds that such visitation would be in the best interest of the minor child.