How To File a Motion to Intervene in Colorado
You should consult a Broomfield child custody lawyer to discuss how to file a motion to intervene in Colorado when you believe you may be eligible to join an active custody case. Grandparents are generally the most common party to make this request, and a motion to intervene can help protect your grandchild, ensure someone can advocate for them, and protect your visitation rights.
Understanding What a Motion to Intervene is in Colorado
Filing a motion to intervene allows another party, such as a grandparent or relative to submit a request to be included in an active custody case. If granted, this party can participate in the open case and make direct requests, provide valuable information, or advocate for the child involved in the case. Under Federal Rule of Civil Procedure 24(a)(2), the requesting party must have a vested interest in the case, and the child’s best interests could be jeopardized if the requesting party is not involved.
Legal Requirements for Filing a Motion to Intervene in Colorado
Understanding how a motion to intervene works is important because it is only allowed under specific circumstances. There must be an open custody case, which generally results from a divorce or separation, the death of a parent or caregiver, or situations involving unmarried parents or paternity matters.
There must also be a valid reason for a grandparent or relative to join the case, such as ensuring a grandparent’s rights to child visitation are retained, or there is a concern about what is in the child’s best interest.
The Process for Filing a Motion to Intervene During an Open Custody Case
To file a motion to intervene during a custody case, you must fill out form JDF 1131, submit it to the court overseeing the active case, and serve it to the other parties involved in the case. The court will evaluate the request, the strength of the existing relationship between the child and the grandparent or relative filing the motion to intervene, and what is in the child’s best interests. If the motion is approved, you can be added to the case as an active participant.
From here, you can provide insight, remain updated on the case, and/or make requests directly, as applicable. If you are joining a case because the child’s best interests are in question or you are concerned that you may lose your rights as a grandparent, then it is critical to back up any claim you make during the case with evidence. You should be able to clearly demonstrate the issue and provide substantiated reasoning for any requested alternatives.
The Best Interest of the Child is Top Priority
In these cases, the best interest of the child is prioritized. This influences the success of a motion to intervene request, as well as the outcome of a custody case. Courts take many factors into account, such as safety, quality of life, the stability that the parents, grandparents, or relatives can provide in the child’s life, and more.