In many family law matters, grandparents play a vital role in a child’s upbringing, offering emotional, financial, and practical support. However, when families face disputes or significant changes, grandparents may wonder about their legal rights to maintain contact with their grandchildren. Colorado law recognizes the importance of these relationships and provides specific circumstances under which grandparents can seek visitation or custody. If you are a grandparent in Denver looking to understand your rights, here’s what you need to know.
Grandparents’ Rights to Visitation in Colorado
Under Colorado Revised Statutes (C.R.S.) §14-10-124.4, grandparents can petition the court for visitation rights under specific conditions. Unlike parental rights, grandparents 
do not have an automatic legal right to see their grandchildren. However, courts in Colorado acknowledge that maintaining a relationship with grandparents can benefit a child’s well-being.
Grandparents can file for visitation when any of the following circumstances apply:
- The child’s parents are divorced, legally separated, or have had their marriage annulled.
- One parent has died, or the child is not in the custody of either parent.
- The child has been placed in the care of a non-parent (e.g., foster care or guardianship).
If these conditions are met, grandparents can formally request visitation rights. It’s important to note that the court always prioritizes the child’s best interests when determining visitation.
Proving Visitation is in the Child’s Best Interests
When grandparents petition for visitation rights, the burden is on them to prove that such visits are in the child’s best interests. The court considers several factors, including:
- The child’s emotional, physical, and mental well-being.
- The existing relationship between the grandparent and the child.
- The wishes of the child’s parents or legal guardians.
- Any evidence of potential harm or benefit resulting from visitation.
It’s important to note that parental decisions carry significant weight in these matters. If the child’s parent(s) oppose visitation, the court presumes their decision is in the child’s best interests. Grandparents must provide strong evidence to overcome this presumption and demonstrate that visitation is essential to the child’s well-being.
Grandparents Seeking Custody
In certain situations, grandparents may pursue custody of their grandchildren. This typically occurs when the parents are unable to provide proper care due to circumstances such as substance abuse, incarceration, neglect, or death.
To seek custody, grandparents must prove that:
- The child is not being adequately cared for by their parents.
- Granting custody to the grandparents would serve the child’s best interests.
Colorado courts consider custody requests under non-parental custody laws. In such cases, grandparents must show that their custody arrangement would provide the child with a more stable and supportive environment.
Legal Hurdles: The Role of Parental Rights
While Colorado law acknowledges the importance of grandparents, it also vigorously protects parental rights. The U.S. Supreme Court case Troxel v. Granville (2000) established that fit parents have a constitutional right to decide regarding their children’s upbringing, including whether or not to allow grandparent visitation.
Because of this, Colorado courts carefully balance the rights of parents with the interests of the child and grandparents. Grandparents must present compelling evidence to justify court-ordered visitation or custody, especially when parents object.
Mediation as an Alternative
Family disputes involving grandparents’ rights can be emotionally charged. Before pursuing litigation, grandparents may consider mediation. Mediation allows families to negotiate visitation or custody arrangements outside of court with the assistance of a neutral third-party mediator.
Mediation often results in a more amicable resolution while preserving family relationships. It also avoids the financial and emotional strain of a lengthy court battle.
How Baker Law Group Can Help
Navigating grandparents’ rights in Colorado can be complex, especially when parental rights are involved. At Baker Law Group, we understand the legal and emotional challenges grandparents face when seeking visitation or custody. Our team is dedicated to providing personalized legal guidance to ensure your rights are protected while prioritizing the child’s best interests.
We can assist with:
- Filing petitions for visitation or custody.
- Gathering evidence to support your case.
- Negotiating family agreements through mediation.
- Representing you in court proceedings.
With extensive experience in Denver family law, our attorneys work diligently to achieve favorable outcomes for grandparents and their grandchildren.
Contact a Denver Family Lawyer
If you are a grandparent seeking to understand or assert your legal rights in Colorado, you don’t have to navigate this process alone. The family law attorneys at Baker Law Group are here to help. Whether you seek visitation, custody, or a mediated resolution, our team is ready to advocate for your rights.
Contact Baker Law Group today to schedule a consultation with a Denver family lawyer.
