Grandparents’ rights are a topic that many people have heard of. In the recent years, more and more grandparents are turning to the courts so they can have a meaningful relationship with their grandparents. Grandparents in Colorado should know that this is a grandparents’ rights state, but as we discussed last week, that doesn’t mean that getting those rights recognized will be easy.
There are several reasons why a grandparent might want to head to court to try to get visitation with a grandchild. We understand that no matter what the cause, the grandparents might choose to take a stand and fight to see their grandchild.
One instance would be if the child’s parent dies. If that happens and the remaining parent or guardian doesn’t allow the grandparent to see the grandchild, the grandparent effectively loses both a child and a grandchild. In that case, the grandparent might opt to seek visitation through the court system.
Another instance would be if the parent forbids the grandparent from seeing the grandchild. This situation is one that is often complex. Generally, the court tends to err on the side of the parent. This means that the court may defer to the parent’s judgement about keeping the grandchild from the grandparent. That, however, is something that might be able to be challenged if the facts of the case show that a relationship with the grandparent would benefit the grandchild.
Grandparents who want to seek visitation with their grandchild should work to understand how their case is affected by laws. We can review your case and help you to understand your rights to see your grandchild.