GRANDPARENTS AND VISITATION RIGHTS
Denver Grandparents Rights Lawyer
Denver Grandparents Rights and Visitation Attorney
Protecting your rights and the best interests of you and your grandchildren stands at the forefront of what we do
Caring and Compassionate Grandparents Rights Lawyers
At Littman Family Law, we understand the deep love you have for your grandchildren and your desire to maintain a meaningful relationship with them. We recognize that grandparents play a vital role in a child’s life, providing love, support, and stability. However, in the legal realm, grandparents’ rights often come secondary to parental rights, making it more challenging to secure access or visitation. When you seek more time with your grandchildren, we are here to work with you to pursue the best possible situation for both you and your grandchildren, ensuring that your relationship can continue to flourish.
We know that many Denver grandparents wish to spend more time with their grandchildren but face obstacles, such as a parent denying visitation without reason or concerns about the child’s well-being, such as a parent’s substance abuse problem. In such cases, we can help you navigate the complex process of petitioning for grandparent visitation rights. Our experience in child custody enforcement allows us to effectively advocate on your behalf, ensuring that your grandchildren’s best interests are always at the forefront of our efforts.
Additionally, we can assist with related matters, such as custody modifications or even child relocation issues if the parents’ circumstances change. Whether you are seeking to gain more access to your grandchildren or remove a child from an unsafe environment, Littman Family Law is here to provide the guidance and legal support you need. Our goal is to help you achieve a resolution that prioritizes the well-being of your grandchildren and strengthens the bond you share with them.
While grandparents’ legal visitation rights do exist in Denver, they are somewhat limited. We provide grandparent visitation legal services to Denver and the surrounding areas. Rest assured that we will help you with your visitation case.
Seeking Visitation and Custody Under Colorado Law
You will find several situations where a grandparent(s) can seek legal visitation or custody of their grandchildren. Under Colorado law, the grandparent must clearly establish one of the qualifying circumstances below:
- The parents of the child must already be divorced, or separated, or the marriage is annulled
- The child’s parent (the child of the grandparent) has died
- A third party has custody of the child who is your grandchild
- The child has been living with you for at least the last six months
These judicial interventions for the child show the court that the parents’ decisions have been questioned and you as the grandparent have standing to request visitation with their grandchildren. In some cases, when the grandchild resides with their grandparents, they can petition the court to share parental responsibilities with the grandparents.
Determining If Visitation Is in the Child’s Best Interest
For a grandparent to show that visitation is in the grandchild’s best interest, certain factors influence the decision. First, you must show clear and compelling evidence that you had a significant relationship with the grandchild prior to the intervention; second, you must demonstrate that a close relationship has developed between you and the child since the parent’s death.
The Court Gives Deference to Parents
The U.S. Supreme Court ruled in 2000 that the states cannot give grandparents unrestricted visitation rights but must balance them with the rights of parents. Then in 2006, the Colorado Supreme Court ruled that a visitation disagreement between parents and grandparents does not represent a meeting of equals.
Essentially, the court gives deference to parents unless the courts deem them as legally unfit. When disputing visitation rights with parents, grandparents must present “clear and convincing evidence” to the court. An expert attorney can advise you on what is deemed clear and convincing evidence for visitation.
When Denver Grandparents Cannot Sue for Rights
In the state of Colorado, grandparents cannot sue for visitation rights in some circumstances, including:
- When the child’s welfare has never before been in question
- Once the child is adopted
Remember that the court’s responsibility must always act in what they believe is in the children’s best interest.
Debunking Common Misconceptions
To help you prepare for the process of suing for grandparent visitation rights, consider the following misconceptions regarding those rights.
First, just because you have had a relationship with your grandchildren does not guarantee legal granting of visitation rights. Many times, the court will follow the wishes of the parents.
Second, don’t assume that you have no option to pursue legal visitation with your grandchild. There have been many court cases where Denver’s grandparent visitation rights have been upheld, and the grandparents now have legal grounds for visitation.
Trust Littman Family Law to Advocate for You and Your Grandchildren
At Littman Family Law, we understand that, as a grandparent, you want to maintain a strong bond with your grandchildren. In addition, you may wish to help them through hard times. Unfortunately, Denver grandparent visitation rights have gotten harder and often depend more on the judge reviewing the request than the evidence.
When this happens, you need a professional lawyer who can advise you on the best approach for grandparent visitation rights. Protecting your rights and the best interests of you and your grandchildren stands at the forefront of what we do. When appropriate, we will help you submit an affidavit and file a motion for visitation rights with your grandchild.
Knowledgeable attorneys at Littman Family Law are trained in family mediation and will gladly take your case. We take your unique circumstances into account and work to help you get the visitation rights you want.
Schedule an appointment with Littman Family Law by calling 303-832-4200 or send us an email today. We will discuss your case and determine the best way to help you through the legal process.
Frequently Asked Questions
In Colorado, grandparents typically cannot seek visitation rights if the child’s parents are still together and the family unit is intact. The law generally favors the rights of parents to determine who has access to their children. However, if the parents are separated, divorced, or if one parent has died, grandparents may petition the court for visitation rights. The court will consider the best interests of the child when making a decision.
In Denver, a grandparent can file for visitation rights by first ensuring eligibility under Colorado law, such as the parents being divorced, separated, or one parent being deceased. The next step is to file a petition for visitation rights in the family court where the child resides. Seeking legal representation is recommended to navigate the complexities of family law. During a court hearing, the judge will consider the best interests of the child. Grandparents should present evidence showing that visitation is beneficial for the child.
In Colorado, if a grandchild is adopted, the grandparents’ visitation rights are generally terminated. This is because the adoption typically severs the legal relationship between the child and their biological family, transferring all parental rights and responsibilities to the adoptive parents. The exception is if the child is adopted by a stepparent, in which case the court may allow the continuation of visitation rights if it is in the best interest of the child.
If grandparents’ visitation rights are being violated by the custodial parent, they should start by documenting all instances of denied visitation. They should attempt to resolve the issue by communicating with the custodial parent and possibly using a mediator. If these efforts fail, they can file a motion with the family court to enforce the visitation order. Seeking legal representation can help navigate the legal process and ensure their rights are upheld. Taking these steps can help maintain the grandparent-grandchild relationship. Please reach out to us for more comprehensive detail about your case.
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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