Having a meaningful relationship with grandparents can have a great impact on children. Some children aren’t given the opportunity to build that relationship with their grandparents because of a troubled relationship between the child’s parents and grandparents. In some cases, grandparents’ rights might allow the grandparents to have visitation with their grandchildren.
Does Colorado recognize grandparents’ rights?
Colorado does recognize grandparents’ rights to visit with their grandchildren. Even with that recognition, it can sometimes be challenging to get the court to grant the visitations between a grandparent and grandchild because the burden of proof regarding the suitability of the visits falls on the grandparents.
How are a grandparent’s rights determined by the court?
The court considers the best interests of the child when a grandparents’ rights case comes up. The court considers the reasons for the denial of the visits, as well as the reason why the grandparents want to see the child. Other factors, depending on the case at hand, might also be considered.
Do grandparents’ rights impede on parental rights?
The issue of how grandparents’ rights affects a parent’s rights was taken before the U.S. Supreme Court. The Supreme Court found that in that particular case, the parent’s rights were violated by the Washington statute. The Supreme Court limited the decision to only Washington state, but many states have opted to give the parents’ decision regarding grandparent visitation substantial weight in court.
Grandparents might consider seeking visitation rights through the court system if attempts to work things out with the child’s parents have failed. Understanding how you will have to prove the suitability for visits with your grandchild might help you as you decide how to seek visitation.
Source: FindLaw, “Grandparent Visitation Rights,” accessed June 18, 2015
