Our Blogs

Grandparents play a meaningful role in their grandchildren’s lives, but navigating the legal system to secure visitation or custody in Colorado can feel overwhelming. At The Law Office of Andrew Bryant, our Colorado Springs family law attorneys guide grandparents through this process with clarity and care. We explain your rights under state law, outline the filing process in El Paso County, and advocate for your place in your grandchild’s life.

Overview of Grandparents’ Rights in Colorado Springs

Colorado law appreciates the importance of grandparents in a child’s life but maintains a presumption favoring parental decision-making. Under Colorado Revised Statutes §19-1-117, grandparents may request “family time” with grandchildren in certain situations, such as during custody cases or when parental responsibilities have changed.

The court evaluates these requests based on the child’s best interests. This means grandparents must show that visitation or custody benefits the child emotionally and physically. As experienced Colorado Springs family law lawyers, we know the law balances preventing unnecessary court interference while protecting children’s welfare.

Key Circumstances Allowing Grandparents to Seek Visitation

These are some of the most common circumstances when pursuing grandparents’ rights in Colorado becomes possible.

• When the parents’ marriage is annulled, dissolved, or legally separated
• When legal custody is assigned to someone other than a parent or the child lives outside the parental home (excluding final adoption cases)
• When a parent who is the child of the grandparent has died
• When the child has been removed from parental care due to abuse or neglect

These situations give our Colorado Springs family law attorneys, at The Law Office of Andrew Bryant, grounds to seek court-ordered family time. Outside these, grandparents generally cannot force visitation if the family remains intact.

Common Challenges Grandparents Face in Custody or Visitation Cases

Grandparents seeking custody or visitation in Colorado often face several challenges, including:

• Legal Presumptions: Overcoming the presumption that parents’ decisions serve the child’s best interests.
• Parental Objections: Addressing disputes and resistance from parents can prolong the case.
• Burden of Proof: Providing clear evidence that visitation or custody benefits the child emotionally and physically.
• Complex Procedures: Navigating complicated court rules, filings, and deadlines without prior legal experience.
• Emotional Stress: Managing the toll of courtroom conflicts, family strain, and uncertainty about the outcome.

These challenges can make asserting your rights difficult. At The Law Office of Andrew Bryant, our Colorado family law attorneys provide the guidance and support needed to overcome these obstacles and advocate effectively for your relationship with your grandchild.

When Grandparents Can Seek Custody of a Grandchild

Grandparents may pursue custody in Colorado only under more urgent conditions:

• When a parent is neglectful, abusive, or unfit to care for the child
• When the child’s current living situation negatively affects their welfare
• In cases of parent abandonment or incapacity
• When adoption by a stepparent does not sever grandparent visitation rights

Custody petitions require demonstrating that placing the child with the grandparent supports the child’s physical, emotional, and developmental needs better than the current arrangement. The court prioritizes stability and the child’s overall well-being in these decisions.

How to File for Grandparent Visitation in El Paso County

If you meet the legal criteria, the process involves several key steps:

• File a verified motion and affidavit: Submit to the district court where your grandchild resides, explaining why visitation is in the child’s best interests.
• Serve notice: Notify the custodial parents or guardians so they have the opportunity to respond.
• Observe waiting periods: If your petition is denied, you must wait two years before refiling unless the court grants permission.
• Attend a court hearing: A judge may schedule a hearing to determine whether visitation protects the child’s interests.
• Prove the child’s benefit: Grandparents must present evidence that visitation benefits the child, overcoming the presumption that parents act in their child’s best interests.

Our Colorado Springs family law attorneys provide guidance at each step, helping you navigate the process and present a strong case.

Schedule a Consultation With Our Colorado Springs Family Lawyer Today

The Law Office of Andrew Bryant is dedicated to supporting Colorado Springs grandparents who seek visitation or custody rights. We believe preserving grandparent relationships enriches children’s lives and strengthens families. With our knowledge and commitment, you gain an advocate who values your role and works tirelessly to secure family time beneficial to your grandchildren. For help with your grandparents’ rights case, speak with our Colorado Springs family law attorneys today. Call 719-634-7353 or complete the online form to schedule your consultation.