Child Custody - Grandparent Rights

Grandparent Visitation Rights in Colorado

A grandparent can seek a court order, in the county where the child resides, granting the Grandparent reasonable visitation with their grandchild if:
• There has been a child custody case
• There has been a case involving the allocation of parental responsibilities
• If the marriage of the parents has been held to be invalid or dissolved or there has been
   a legal separation.
• If the child has been placed outside of the home and is not living with the parent (unless
   legally adopted)
• If the parent of the grandchild has died and that person is your son or daughter.

The Court will look to “the best interests of the child” to determine if grandparent visitation is appropriate. The grandparent has the burden to prove by “clear and convincing evidence” that the parent who wants to deny visitation is not acting in the best interest of the child and that visitation would, in fact, be in the best interest of the child.

Enforcement of Grandparent Visitation Rights

If you have been granted grandparent visitation by the Court and the parent with legal custody or parental responsibilities is not complying with the Order, you may bring a motion to the Court to have your visitation enforced. The Court has broad powers to enforce visitation given the circumstances of your particular case. The court may order mediation or a full hearing and has the power to bring sanctions or even require jail time if the Order is not complied with.

Seeking Custody of a Grandchild

In order for a Grandparent to gain legal custody of their grandchild the parental rights of the parents must either be terminated under Colorado’s Dependency and Neglect Statutes or voluntarily relinquished under Colorado’s Children’s Code or the parents must have both died.

Please go to www.burnhamlaw.com for a full overview of the firm and the services provided in both New York and Colorado.