Denver Grandparents’ Rights & Visitation Attorneys
Grandparents may seek court orders for visitation with a child during or outside of an active custody case between the child’s parents. Generally, grandparent visitation cases tend to emerge when:
- A child’s parents are legally separating or ending the marriage (via annulment or divorce).
- Custody for a child has been granted to someone other than a biological or adoptive parent.
- The child’s parent, who is the child of the grandparent, has passed away.
At Uptown Law, LLC, our Denver child custody lawyers are highly skilled at advocating grandparents’ rights and representing them in any type of visitation case. If you are a grandparent who is ready to seek visitation with your grandchildren, you can count on our attorneys for outstanding representation and client-centered service while we strive to help you achieve your objectives and an optimal outcome to your case.
Do You Need Help Asserting Your Grandparents’ Rights & Securing Grandparent Visitation?
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How Do I Start a Grandparent Visitation Case?
The process of initiating a request for grandparent visitation will depend on whether an active family court case involving the child exists:
- If there is an existing case, the grandparent should file a “Motion to Intervene for Grandparent or Great-Grandparent Visitation” with the family court in the county where the child lives (if the child lives in Colorado and regardless of whether a custody case is proceeding in a different county). If the child does not live in Colorado, the Motion may need to be filed with the court that has jurisdiction over the existing custody case.
- If there is not an existing case, the grandparent should file a “Pleading Affidavit for Grandparent or Great-Grandparent Visitation” in the county where the child lives.
Here are the Colorado court forms for initiating any type of grandparent visitation case in Colorado.
What Factors Does the Court Consider When Deciding Whether to Grant Grandparent Visitation?
Serving the child’s best interests will be the guiding principle for the court when it’s time to determine whether to grant a request for grandparent visitation. Some of the specific factors the court considers when making best interest determinations in grandparent visitation cases include:
- The relationship between the child and the grandparent
- Any objections the parents may have to grandparent visitation
- The potential benefits visitation with the grandparent can provide to the child.
Here, it’s crucial to understand that, when it comes to grandparent visitation:
- The court does not want it to be leveraged to counteract a parent’s wishes or decision-making authority for a child – For example, if a parent does not want to raise a child to be religious, the court does not a grandparent to use visitation as a way to expose the child to religion.
- Visitation can only be requested by a grandparent every two years – So, if a grandparent is denied visitation (and the child’s situation does not threaten his or her wellbeing), the grandparent must wait two years before filing another visitation request with the court.
What Factors Can Preclude Grandparent Visitation?
Grandparents may not qualify to seek visitation with a child if the following circumstances are involved:
- Parental rights related to the child have been terminated by the court.
- The child has been adopted.
- The child’s parents are still alive and have not initiated a divorce, legal separation or annulment case.
Please note that the above factors may not be complete bars to grandparent visitation. If they are, however, involved in a case, it’s strongly advised that you consult a lawyer for crucial insights about your rights and how to proceed.
Can Grandparents Request Custody of a Child?
Grandparents may be in a position to obtain custody a child if the court finds that:
- There is no biological or adoptive parent who is available and fit to have custody.
- The child has been taken from the parent’s home because the parent is unable to care for the child or has abused the child.
- The grandparent is willing and able to provide care for the child.
Effectively Advocate & Protect Your Grandparent Rights & Visitation: Contact a Denver Child Custody Lawyer at Uptown Law, LLC
A Denver child custody lawyer at Uptown Law, LLC is ready to explain and help you assert your grandparents’ rights and seek visitation or custody.
Call (303) 861-0485 or Email Our Firm for a Free Case Review.
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Dedicated, trusted and strategic, our lawyers can guide you through every step of a grandparent visitation case, empowering you to protect your rights and position your case for a successful resolution. We are proud to represent parents, grandparents and others in visitation cases, and we offer clients unbundled and full-service representation so they can control the level and costs of their legal services.
At Uptown Law, LLC, we are focused on providing our clients with creative solutions and exceptional representation as we help them work towards achieving their objectives and favorable outcomes. Find out more about how we can help you by attending a no-cost, no-obligation initial consultation.