At Troxell Law, we understand that one of the greatest gifts a grandparent can have is sharing a close relationship with their grandchildren. If you are a grandparent who has been overlooked during the breakup of your grandchildren’s parents or shut out of your grandchildren’s lives for another reason, contact our family law counsel today for honest answers and practical solutions to solving your relationship issues through legal advocacy.
Our Garfield County grandparent visitation attorneys are:
Skilled in litigation and dispute resolution;
Experienced and knowledgeable in grandparent visitation and custody laws and procedures; and
Focused on clients as individuals with unique needs and expectations.
Contact Troxell Law to schedule a confidential consultation and have your grandparent visitation and custody questions answered by a concerned professional.
Let a Garfield County Grandparent Visitation Attorney Help You
As grandparent visitation attorneys, Troxell Law urges parents and grandparents to work together to achieve visitation schedules that benefit all parties involved. There are circumstances where this is impossible, or grandparents desire custody of their grandchildren due to drug or alcohol abuse or child abuse or neglect.
Our Garfield County grandparent visitation lawyers will assess your case and advise you of the best steps to meet your legal goals and expectations.
We will also:
Ensure you understand Colorado’s grandparent visitation and custody laws;
Explain the grandparent visitation or custody process to you in detail;
Address your legal questions and concerns;
Help you create a manageable visitation or custody schedule to meet your family’s needs; and
When necessary, argue your visitation or custody case before the family court.
Speak with a knowledgeable grandparent visitation attorney at Troxell Law for more information about your legal rights pertaining to your grandchildren.
Grandparents’ Rights in the United States
Traditionally grandparents have enjoyed limited rights to their grandchildren. This is due to the U.S. Supreme Court’s ruling that the care, custody, and control of one’s children is a constitutional right, and parents are presumed to act in the best interests of their children.
Parents can typically block a grandparent’s visitation or custody rights as the burden is on a grandparent to prove that visitation or custody is in the best interests of the children.
Grandparent Rights in Colorado
Grandparents have limited rights in Colorado. A grandparent may have the right to visitation if one of the following qualifying circumstances are met:
The child’s parents are already or currently having their marriage dissolved, separated, or annulled;
Custody of the child has been allocated to someone other than the child’s parent; or
The child’s parent has passed away (but only if it is the grandparent’s child).
Once a grandparent establishes a qualifying circumstance, they must file a motion to intervene with the court and an affidavit “setting forth facts supporting the requested order.” The parents may file a response and include their affidavits. There will then be a hearing.
At the hearing, the judge will decide whether grandparent visitation is in the children’s best interests. A parent’s objection is given special weight in any decision. It is the grandparent’s burden to show that parenting time with them is in their grandchildren’s best interests despite the parent’s objection.
If a grandparent visitation order is granted, the judge will set a visitation schedule. Once established, that schedule is an enforceable court order. The order will remain in place until terminated or modified in court.
Grandparent Custody in Colorado
A grandparent can petition for grandparent custody of their grandchildren if:
Their grandchildren have lived with them for at least six months; and
No more than 182 days have elapsed since the last time their grandchildren lived with them.
This action is called a petition for allocation of parental responsibilities. Once again, either parent may object, and the grandparent must present clear and convincing evidence that the proposed custody arrangement is in the grandchildren’s best interests.
If awarded parental responsibilities, a grandparent has a parent’s rights and responsibilities concerning their grandchildren.
Contact an Experienced Grandparent Visitation Attorney in Garfield County
At Troxell Law, we are dedicated to procuring the best possible results for grandparents and their grandchildren. Contact one of our Garfield County grandparent visitation lawyers today to learn if you are a candidate for grandparent visitation or custody rights.
