Colorado is one of the states that recognizes grandparents’ rights to visitation with (or custody of) grandchildren. These rights are not guaranteed, but if the family law courts find that it is in the best interest of the children, you may be granted these rights.
At Hogan Omidi, PC, our attorneys recognize that each family’s situation is unique. Therefore we handle your particular circumstances on a case-by-case basis. We have helped many grandparents in Denver and throughout the state seek visitation or custody of their grandchildren.
We want to know all the facts before deciding how to proceed. Ultimately, we are working in your best interests, to help you have time with your grandchildren. We will do everything we can to help you receive that time.
Circumstances That Allow For A Grandparent To Sue For Visitation Or Child Custody
There are two Colorado laws that govern grandparents’ rights. The Uniform Dissolution of Marriage Act (UDMA) and the Children’s Code.
The UDMA allows grandparents who have had custody of their grandchildren for six months or longer, or in situations where the child is not in the care of a parent, to seek visitation rights or parental responsibilities. This must be done either while the child is being cared for by the grandparents, or within six months of the child being in their care.
The Children’s Code allows grandparents to seek visitation rights with their grandchildren. This may occur if:
- The grandchildren are not living with either parent but with another individual
- The grandchildren are not living with the parent who is the child of the grandparents
- The child of the grandparents has died and the other parent is not encouraging visitation with the grandparents
Our lawyers will discuss your circumstances and your goals with you. We will advise you on how the courts may rule in your case, as well as options available to you. If your grandchildren are the subject of an existing custody battle, you may be able to intervene as part of that case. We will take everything into account as we look for the best resolution so you can see your grandchildren.