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Child Custody Cases

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Grandparents' Rights

In Colorado, parents' rights usually outweigh grandparents' rights regarding parenting time and visitation with children. Grandparents in Colorado can ask a court to order a parent to allow visitation, but only under certain limited circumstances.

A grandparent can request a court to order visitation with their grandchild if the marriage of the parents has been terminated, or if there has been a child custody case in some other context, if a parent who is also a child of the grandparents has died, or if the child has been placed outside the home of a parent.

A grandparent can request parental responsibilities (child custody) if that grandparent has had physical care and custody of the child and only within a limited period of time following the termination of that care and custody, or if the child is not in the care of a parent.

Whether a grandparent is seeking visitation or custody, it will be the grandparent who has the burden of proof in any proceeding to show that the request is in the best interests of the child. If a grandparent seeks custody of a grandchild, a higher standard may apply in some cases, such as the need to show that a child is in imminent physical or emotional danger.

If grandparents' rights are at issue in your case, call (720) 201-3802 to speak with an attorney and discuss your best legal strategies. Or submit your question directly to a Colorado family law attorney by clicking here.

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