GRANDPARENT AND FOSTER PARENT RIGHTS
Denver Grandparents And Foster Parents Rights Attorney
Denver Grandparents And Foster Parents Rights Attorney
Sometimes, a child may be better off living with someone other than a biological parent. Proving this in a court of law can be very difficult. If you need assistance obtaining visitation or custody rights or privileges to a child, call Littman Family Law in Denver for quality and understanding help.
Grandparent Rights
Colorado recognizes the rights of grandparents to maintain a relationship with their grandchildren, especially in cases where there has been a custody or divorce proceeding. The state also acknowledges these rights when one of the child’s parents is deceased, allowing grandparents the opportunity to remain a consistent and supportive presence in their grandchildren’s lives. However, it’s important to note that Colorado’s laws regarding grandparents’ rights can be more restrictive than those in some other states, making it essential to have experienced legal guidance when pursuing these rights.
In situations where grandparents have taken on a significant caregiving role, they may be considered psychological parents, a term used to describe individuals who have developed a deep, parent-like bond with a child despite not being the biological parent. This recognition can be crucial when seeking to maintain or establish a legal relationship with their grandchildren, particularly in cases involving adoption or changes in custody arrangements. At Littman Family Law, we work to advocate for psychological parents, ensuring that these vital family connections are respected and preserved.
For families looking to strengthen or formalize these relationships, adoption can be a viable path, allowing grandparents or other psychological parents to legally adopt the child and continue their role in family building. Whether you’re navigating a custody case, dealing with the loss of a parent, or exploring adoption options, our team is here to guide you through the complexities of Colorado law, helping you protect and nurture the bonds that are so important to your family’s well-being.
Colorado law provides that a fit parent has the right to make decisions on behalf of a minor child, including when and how that child sees his or her grandparents. A grandparent must overcome the presumption in favor of a parent’s decision by clear and convincing evidence that the request for grandparent visitation is in the child’s best interests. Two examples include:
- A child living with a grandparent for six months or more
- A child has been abandoned by his or her parents and is cared for by a grandparent
To protect a grandparent’s legal right to continue to care for a child in these circumstances requires prompt and decisive legal action. Let the skilled child welfare attorneys at Littman Family Law carefully analyze your circumstances and help you achieve the best possible outcome.
Related: Can Grandparents be Awarded Custody of Grandchildren?
Foster Parent Rights
The law is moving more toward favoring the rights of fit parents when in contest with relatives and others. However, we have had significant success in certain situations, especially those of foster parents who seek to retain children with whom they have bonded and for whom they have served as primary attachment figures.
Our firm has practices in Denver Juvenile Court and in district courts throughout the metro area, handling juvenile legal matters for over 30 years. We represent relatives and foster parents who are seeking to obtain legal guardianship and physical custody of children whom they love and have cared for.
Experienced Legal Help When You Need It Most
Call Littman Family Law at 303-832-4200 to schedule a consultation with one of our lawyers. You may also send us an email at any time.
Frequently Asked Questions
In Colorado, grandparents can seek visitation rights under specific circumstances, such as when the child’s parents are divorced or one parent has passed away. However, we must overcome the presumption that the parent’s decision about visitation is in the child’s best interests by providing clear and convincing evidence. Once established, these visitation rights can be enforced and modified by the court based on the child’s best interests. It’s advisable for grandparents to consult with a family law attorney to understand the complexities of these legal provisions and effectively pursue visitation rights. Our grandparents rights lawyer can guide you through the legal process to ensure your rights are protected.
In Colorado, foster parents have a set of rights outlined in the Foster Parent Bill of Rights, which includes access to relevant information about the foster child’s background, educational records, and any legal proceedings involving the child. To become a foster parent, individuals must meet specific requirements such as being over 21, passing background checks, and completing training and home inspections. Ongoing training and access to support and grievance processes are required to maintain foster care licensure. Foster parents are expected to keep all information about the foster child confidential and work towards the best interests of the child, including supporting reunification with their biological family whenever possible.
Hiring a specialized grandparents’ rights lawyer in Denver is essential due to their deep understanding of Colorado’s specific legal standards and family law procedures. These lawyers are adept at handling the complex dynamics of family disputes and can effectively advocate for grandparents’ rights without exacerbating family conflicts. Their expertise ensures that all legal filings are handled correctly and that the grandparents’ cases are presented compellingly in court. Ultimately, specialized legal representation increases the likelihood of success in securing visitation or custody rights, adhering closely to the stringent requirements set by the Supreme Court.
In Colorado, grandparents can seek custody of their grandchildren if the parents are deemed unfit or if it’s in the child’s best interests. This involves providing clear and convincing evidence in court to demonstrate that the grandparents’ custody would benefit the child’s welfare more than the current parental arrangement. Grandparents can also pursue visitation rights, particularly when parents are divorced or one parent has passed away. It’s crucial for grandparents to consult with a specialized family law attorney to navigate the complex legal processes involved in these cases.
Colorado law allows non-parents to seek an allocation of parental responsibilities in limited situations. One route is available to a non-parent who has had physical care of a child for 182 days and files within 182 days after that care ends. Courts consider the child’s best interests and give special weight to a fit parent’s decisions while evaluating non-parent claims. Colorado cases discuss psychological parenting in this context and recognize when a non-parent relationship has become parent-like. The Supreme Court has also addressed non-parent standing under the statute. These authorities explain when a grandparent or caregiver can file and what they must show.
Colorado statutes require that foster parents, pre-adoptive parents, and certain relatives receive notice of key hearings and reviews. The Foster Parent Bill of Rights recognizes specific participation and information rights while prioritizing child safety. Dependency and neglect provisions also address dispositional hearings and other procedures that affect placements. These laws help foster caregivers and relatives stay involved and informed as the case proceeds. Understanding these statutes can guide timely filings or requests to be heard. The relevant rights and notice obligations are set out in Title 19 and related legislative materials.
Kinship adoption creates a full legal parent-child relationship and requires that the child be legally available for adoption under Colorado law. Visitation, by contrast, keeps parental rights with the biological parents and focuses on scheduled family time in the child’s best interests. Adoption generally ends the prior legal parent-child relationship after the required consents or terminations. Visitation requests by grandparents or great-grandparents are only permitted in specific case types and are evaluated with deference to a fit parent’s decision. These paths serve different goals and use different statutes and procedures. Colorado’s Children’s Code explains both adoption availability and grandparent visitation frameworks. Contact us to learn more about your rights and options.
Additional Information in Denver, Colorado
Littman Family Law and Mediation Services
1772 Emerson Street
Denver, CO 80218
Phone: 303-832-4200
Fax: 303-832-9322
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