Understanding Grandparents’ Matters
Grandparents aren’t considered as part of the legal family unit. And their lack of standing was established in the Supreme Court case of Troxel vs Granville. In this case, the court overturned a Washington state law that gave visitations rights to the grandparents over the objection of the mother. The Court ruled that this violated the mother’s constitutional right to make decisions that were in the best interests of her children.
Colorado does offer grandparents standing in certain circumstances without the court’s previous intervention. When the parent (on the grandparents’ side) of the child dies or when someone other than the parents obtain custody, the grandparents may be able to take legal custody.
Additionally, grandparents who currently care for a grandchild may have an easier time acquiring parental responsibility. To meet the court’s criteria, a grandparent would need to have custody of the child for a period of at least six months.
If you’re needing to forms regarding grandparent visitation, visit the Colorado Judicial Branch. To get more information about your rights as a grandparent, contact one of our experienced family law attorneys today. Your initial consultation is free.