In Colorado, Two Laws Protect Grandparents' Rights
Under the Children’s Code, grandparents may request visitation after their grandchild’s family life has been disrupted by divorce or separation. Even in cases where the parental rights have been granted to someone other than their own child, or when the parent who is their child dies, grandparents may still seek visitation by petitioning the court under the Children’s Code. However, such a petition may only be filed once every two years, and the grandparents must notify all parties who have an interest in the matter. In all cases, the best interests of the child will be paramount in the eyes of the court.
A second law, the UDMA, allows grandparents to seek parental rights and responsibilities in situations where the child is no longer in the care of either parent, or when the grandparents have already had the child in their physical custody for six months or more. In order to file a petition under UDMA, the child must either be living in the care of their grandparents currently, or have lived in their care within the past six months. Like the Children’s Code law, the grandparents must provide notice of their petition to all interested parties. A formal hearing will take place, which will decide whether it is in the best interests of the child to grant parental rights and responsibilities to the grandparents.
In the eyes of Colorado courts, there is no doubt that grandparents play an important role in the lives of their grandchildren. An experienced Colorado Springs parental rights attorney will know all the ins and outs of Colorado law pertaining to grandparents’ rights, and present a convincing case to help you regain visitation with your grandchild.