Helping Grandparents’ Exercise Their Rights

There are many grandparents and great-grandparents throughout Denver who desire to spend time with their grandchild but feel that they are not getting enough time. A common question from many grandparents is, "What are my rights to see my grandchild when their parents say no?" Another common question is can I take my grandchild away from the family home because a parent is using drugs? Many grandparents and great-grandparents form a strong bond with their grandchildren and want to assure that bond is preserved, or simply want to help their grandchildren through difficult times.

Grandparent rights are statutorily governed by the Children's Code: C.R.S. § 19-1-117 and 117.5. Additionally, under the Uniform Dissolution of Marriage Act (UDMA), grandparents may seek custody and visitation rights under certain circumstances.

Under the Children's Code, grandparents generally cannot file for visitation with their grandchild when there is an intact family. There must first be a court intervention before grandparents can be heard by a judge. If there has been court intervention then Colorado grandparents can file for visitation or parental rights if any of the following has occurred:

  1. The parents are divorced, legally separated or the marriage has been declared invalid;
  2. The child is not in either of their parents' custody/household, but the parents have not lost all of their parental rights; or
  3. The grandchild's parent, who is the child of the grandparents, has died.

Under the UDMA, if the child has been in the care of the grandparents for at least six months or if the child is not in the care of his or her parents, grandparents may file for an allocation of parental responsibilities while the child resides with them, but no later than six months after the child no longer resides with the grandparents.

If you are an involved grandparent who loves your grandchild and wants to be an active part of his or her life, we will do our best to help you through the legal system. We have been able to help other grandparents obtain custody and visitation rights of their grandchild.

Contact Our Denver or Boulder Grandparent Rights Attorneys

Call us toll free at 866-604-2791 or contact us by email to arrange a consultation with one of our Denver or Boulder grandparent rights lawyers today.