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Preparing Jams

Colorado law grants grandparents certain rights in relation to their grandchildren.  Grandparents are entitled to visitation with their grandchild under the following circumstances:

 

  • If the marriage of the child’s parents has been declared invalid or has been dissolved by a court or a court has entered a decree of legal separation with regard to such marriage;

  • If legal custody of or parental responsibilities with respect to the child has been given or allocated to a party other than the child’s parent or that the child has been placed outside of and does not reside in the home of the child’s parent, excluding any child who has been placed for adoption or whose adoption has been legally finalized; or

  • If the child’s parent, who is the child of the grandparent or grandchild of the great-grandparent, has died.

 

See C.R.S. § 19-1-117(1).  Any order granting visitation can be enforced by the grandparent filing a motion in the court that granted the order.  See § 19-1-117.5.  Additionally, grandparents can petition for allocation of parental responsibilities, decision-making responsibility and parenting time, of a grandchild under the following circumstances:

 

  • If the child is not in the physical care of one of the child’s parents;

  • If the grandparent has had physical care of a child for a period of one hundred eighty-two days or more, if such action is commenced within one hundred eighty-two days after the termination of such physical care; or

  • If the grandparent has been granted custody of a child or who has been allocated parental responsibilities through a juvenile court order entered pursuant to § 19-1-104(6), by filing a certified copy of the juvenile court order in the county where the child is permanently resident. Such order shall be treated in the district court as any other decree issued in a proceeding concerning the allocation of parental responsibilities.

 

See § 14-10-123(1).

 

If you are considering asking for grandparent allocation of parental responsibilities or visitation, call the Law Office of Michael Swink today and speak with an attorney that understands when grandparents are entitled to parental responsibilities and visitations.

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