The issue of grandparent’s rights to visitation in Colorado is complex. If the parents of the children are healthy, alive and maintain custody, then the parents have the right to decide who their child gets to see and where they spend their time.
While this is true, there are some situations and circumstances where grandparents can file a motion to receive visitation rights. Understanding what these situations are is imperative.
When can grandparents seek visitation rights to grandchildren?
Some of the situations where grandparents’ rights may apply include if the grandchildren’s parents are divorced, going through a divorce or have custody orders from the court.
The process to ask the court for visitation rights requires specific documentation, including an affidavit that includes why you want visitation and the motion mentioned above.
Other situations may qualify grandparents to seek visitation, too. These include parental neglect, the legal separation of the parents, allocation of parental responsibility to the grandparents, if one parent has died or when the child is in the custody of a third-party guardian.
If a parent objects to this visitation, and there is no clear and convincing evidence that shows it should be granted, the court will not overrule their decision. However, if the grandparent does have evidence proving they should be awarded visitation, their case may be successful. If it is left to the court to decide the outcome, the bottom line will be what is in the child’s best interest.
Securing visitation rights in Colorado for your grandchildren
If you want visitation rights to your grandchildren in Colorado, you must go through the proper channels. Before you begin the process, it pays to discuss the particulars of your situation over with someone who fully understands the legalities and steps that need to happen.