A Colorado Springs Family Lawyer Who Will Fight for Your Grandchild’s Best Interest

Driving a vehicle is a big responsibility. Every time you get behind the wheel, there is the potential that you could cause harm to others. Because of this, our society regulates driving by forcing people to pass a test before they can do it.

Parenting is at least as significant of a responsibility. You oversee another life—a life that, for the first several years, is mainly helpless—and there are all kinds of ways that parents who are not ready for the responsibility can fail their children.

Additionally, circumstances beyond parents’ control sometimes prevent them from being there for their children in the way they need.

When these situations arise, one of the most positive things that can happen for the child is for a grandparent to step in and assert their rights to ensure that the child’s best interests are met.

As a successful and experienced family law attorney, Andrew Bryant has worked with several grandparents to advocate for their legal rights. He has a clear understanding of the laws at play and how grandparents can fight to ensure their grandkids’ needs are being met.

Meeting Your Grandchild’s Needs Starts with Knowing Colorado Law

In Colorado Springs, grandparents’ legal rights are governed by a complex interplay of state statutes, court decisions, and evolving societal norms. While parents generally hold primary legal authority over their children, grandparents may seek legal recognition of their rights in certain circumstances. The key to succeeding is understanding the relevant laws, legal procedures, and critical considerations.

Grandparents’ rights in our state are primarily addressed under Colorado Revised Statutes Title 19, specifically sections 19-1-117 and 19-1-117.5. These statutes outline circumstances under which grandparents may petition the court for visitation or custody rights under specific conditions and with certain limitations.

Here is how each of those break down:

Visitation Rights

  • Colorado law allows grandparents to petition the court for visitation rights under certain circumstances, particularly when it is deemed in the child’s best interests.
  • Grandparents may file a petition for visitation if one of the child’s parents is deceased or if there is evidence of a significant and ongoing relationship between the grandparent and the child.
  • The court considers various factors when determining whether to grant visitation rights, including the nature of the relationship between the grandparent and the child, the child’s best interests, and any potential impact on the parent-child relationship.

Custody Rights

  • In limited circumstances, grandparents may also seek custody of their grandchildren. This typically occurs when both parents are deemed unfit or unable to care for the child properly.
  • Grandparents must demonstrate to the court that granting custody to them is in the child’s best interests and that they can provide a stable and nurturing environment.
  • When deciding custody, the court may consider factors such as the child’s relationship with the grandparents, the parents’ fitness, and the child’s emotional and physical well-being.

How Andrew Bryant Law Helps Grandparents Assert Their Rights in Colorado Springs

As with all things in our legal system, a process must be followed. When it comes to the well-being of your grandchild, jumping through all the hoops our state puts in place can feel frustrating and confusing, but it must be done.

This is where Andrew Bryant Law comes in. When you work with us, we will ensure that all proper procedures are followed and that your argument is clear and robust, giving you the best chance of success.

Here are the general steps to the process:

Filing a Petition

The first step grandparents must take to assert their rights is to file a petition with the appropriate court in Colorado Springs. This typically involves submitting a formal legal document outlining the grounds for seeking visitation or custody rights.

Attending a Court Hearing

After the petition is filed, the court will schedule a hearing to consider the grandparents’ request. Both parties can present evidence and arguments supporting their positions during the hearing.

Receiving a Court Determination

The court will decide based on the evidence presented, considering the child’s best interests as the primary factor. If the court determines that visitation or custody with the grandparents is warranted, it will issue an appropriate order outlining the terms and conditions.

Key Issues a Good CO Family Attorney Focuses on to Build Grandparents’ Case

Several things make a strong argument for grandparents seeking visitation or custody of their grandchildren. You are far more likely to succeed if your lawyer can build these into your case.

Having You in Their Life Is in the Best Interest of the Child

We have mentioned this multiple times, but Colorado Springs courts prioritize the child’s best interests above all else when considering grandparents’ rights. Grandparents must demonstrate that their involvement benefits the child’s well-being and that granting visitation or custody is necessary to promote their welfare.

Specific Circumstances Overrule Parental Rights

Grandparents’ rights are inherently limited by the rights of the child’s parents. Courts are generally reluctant to interfere with parental decision-making. The exception to this is when there is clear evidence of harm to the child or another compelling reason to interfere with parental rights.

You Have Attempted Mediation or Alternative Dispute Resolution

Mediation or alternative dispute resolution methods sometimes offer a more amicable and cost-effective way to resolve grandparents’ rights conflicts. These processes facilitate constructive dialogue and reach mutually acceptable solutions outside the courtroom.

Showing that you have attempted to utilize these methods and that they were unable to resolve the issues in question can strengthen your case and increase the likelihood that you will win.

Let Us Help You Fight for the Well-Being of Your Grandchildren in Colorado

Navigating your legal rights as a grandparent in Colorado Springs requires a nuanced understanding of state family law. While grandparents may seek visitation or custody rights under certain circumstances, these rights are subject to the overarching principle of promoting the child’s best interests.

The Colorado Springs family lawyers at Andrew Bryant Law clearly understand the legal complexities and know how to navigate them to support your case and fight to ensure your grandchild’s needs are being met. When you decide to work with them, they will serve as your guide and advocate throughout the legal process.

You have the right to protect your grandchild. Contact us today to learn more about how we can help you do that.