Family Lawyer

FOR DOUGLAS COUNTY

Beyond the Nuclear Family - Know Your Rights

Colorado family laws establish legal rights for grandparents of children to help preserve the integrity of families and keep the child’s best interest at the forefront. There are a multitude of situations that may arise where a grandparent may wish to exercise their legal rights in the lives of their grandchildren, and we are here to help.

At the Law Offices of Kelli J. Malcolm, our family legal team works hard to protect Colorado’s children and families by fighting for what is right. For all of your family legal needs, contact us for your complimentary consultation.

Grandparent Rights in Colorado

Grandparents' legal rights can be a little confusing because they are not considered immediate family or part of the nuclear family. However, Colorado law recognizes that there are some times that grandparents may need the support of the family legal system. A few situations we can help you navigate include:

  • Access to a grandchild when your child has revoked parental rights
  • Access to a grandchild when your child has died
  • Establishing grandparent with parental rights — guardianship
  • Exercising grandchild visitation rights in the event of parental divorce or relocation
  • Access to a grandchild if the grandchild has been removed from parental home or adopted
  • Foster or adoption privileges if the child is removed from parents’ home
  • Access to a grandchild of estranged child

At the Law Offices of Kelli J. Malcolm, we have helped many families find healthy outcomes that support the best interest of the entire family. Put our experience to work for you.

Allocation of Parental Responsibilities

“Kelli knows her stuff. I had a brutal divorce with heartbreaking things happening, and Kelli got me and my little girl out safely to the other side. We had a relocation, heated custody issues, a child & family investigator, CPS, the police, and therapists involved-- but none of it would have turned out ok without Kelli's guidance and wisdom in knowing the legal proceedings for how it all works together and how to be prepared in the most professional manner. She was an invaluable part of helping me transition from a rock and a hard place to freedom and peace. I could not recommend her more highly!

~ Hannah J.

Allocation of Parental Responsibilities

“Kelli knows her stuff. I had a brutal divorce with heartbreaking things happening, and Kelli got me and my little girl out safely to the other side. We had a relocation, heated custody issues, a child & family investigator, CPS, the police, and therapists involved-- but none of it would have turned out ok without Kelli's guidance and wisdom in knowing the legal proceedings for how it all works together and how to be prepared in the most professional manner. She was an invaluable part of helping me transition from a rock and a hard place to freedom and peace. I could not recommend her more highly!

~ Hannah J.

Grandparent Rights in Colorado

Grandparent Rights in Colorado

When a child is born, most states recognize this blessed event as something that occurs between the mother and the father of the child. All states’ family court systems have hundreds of laws and provisions that guide the responsibility to the child and the rights of the mother, father, and the child. In any birth or child-raising situation, there are a variety of issues and circumstances that may arise that give warrant to the long list of laws and regulations.

However, most states fail to account for the rest of the family in the child’s life. Colorado, on the other hand, recognizes the importance of grandparents in a child’s life and that the bond between a grandparent and their grandchild can be almost as strong — and in some cases, stronger — than a parent to child. In recent years, Colorado law has extended grandparent rights to allow grandparents to facilitate a relationship with their grandchild, regardless of the child’s parent’s relationship with each other or with the grandparent of the child.

At the Law Offices of Kelli J. Malcolm, we understand the incredibly strong, and unique bond that grandparents and children can have. Even though difficult situations, we are here to defend your right to have a relationship with your grandchild.

IN THE BEST INTEREST OF THE CHILD

All of Colorado family laws are focused around providing the best circumstances for a child to support their best interests. More often than not, the child’s best interest includes the involvement of family members beyond the nuclear household.

Common situations that would necessitate the need for grandparents to invoke their rights and request visitation include:

  • The grandchild’s parents have divorced, separated, or had their marriage annulled and are living as two distinct families.
  • Custody of the grandchild has been awarded to someone other than the parents of the child, or to the parent that is not the child of the grandparents.
  • A parent of the child is deceased and the survivor does not facilitate or recognize a relationship.

Situations that may warrant grandparents filing for custody rights include:

  • The grandparents have provided most of the physical care for the child and would like to request legal responsibility/ guardianship.
  • The child has been removed from the parent’s home by law enforcement or child protective services. In many cases, grandparents are the preferred custodian over foster placement.

If you are experiencing issues visiting your grandchild or believe that you obtaining custody of your grandchild is in their best interest, seek the expert legal advice of a Colorado family lawyer you can count on. At the Law Offices of Kelli J. Malcolm, our dedicated legal team always seeks to defend the best interest of the child and to protect the integrity of the family. Contact us for your consultation today!

COLORADO GRANDPARENT RIGHTS FAQ

Grandparent Rights in Colorado

CAN A PARENT DENY A GRANDPARENT VISITATION?

Colorado law does not offer specific rights to grandparents or great-grandparents and parents of the child may withhold visitations from grandparents. If you obtain a court order granting visitation rights, the parents must comply.

Grandparent Rights in Colorado

WHY WOULD I NOT BE ABLE TO REQUEST VISITATION WITH MY GRANDCHILDREN?

Colorado family court will not grant grandparent visitation of a child if the parental rights of the child have been terminated or if the child has been placed for adoption or an adoption has been finalized.

Grandparent Rights in Colorado

HOW CAN A GRANDPARENT GET AN ORDER FOR ALLOCATION OF PARENTAL RESPONSIBILITY (CUSTODY)?

An allocation of parental responsibility (custody) order gives the grandparent the right and obligation to care for the child and to make whatever decisions the judge grants when the order is signed. Grandparents are able to file a court action asking for custody of a child if the child has been living with the grandparent for six months. If granted, the grandparent will become the legal guardian and may qualify for child support.

Grandparent Rights in Colorado

HOW DOES KINSHIP ADOPTION WORK FOR GRANDPARENTS?

Colorado has kinship adoption laws that apply to grandparents. If a grandchild has been living in the grandparent's home for one year or longer, and if the parents are deceased, have had their rights terminated, or the parents or legal guardians have consented, the grandparent(s) may petition to adopt the child.

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