Jefferson Grandparent Visitation

Your relationship with your grandchildren is one of the most important bonds a person can have. If you have been denied visitation rights with your grandchildren due to conflicts stemming from divorce or other custody issues, you may need to speak with a Jefferson grandparent visitation lawyer.

At Kinnett & Cordes, we believe the visitation rights of grandparents should be protected, and Colorado state laws uphold a grandparent’s right to see their grandchildren. It’s difficult to face holidays and other special occasions without seeing loved ones who are dearest to you. With decades of combined experience serving the citizens of Golden and other communities in Jefferson County, we are here to help you rebuild your relationship with your grandchildren.

Grandparent Visitation Rights in Colorado

In Colorado, grandparent visitation is now called grandparent family time under a recent bill passed by Colorado legislators in 2023. The laws governing grandparent custody and visitation are outlined in Colorado Revised Statutes 14-10-124.4.

Colorado strongly upholds the rights of grandparents to have ongoing visitation with their grandchildren, as it is usually in the best interests of the child for the extended family to stay in contact when there are no issues with abuse, violence, or substance use. Many family traditions center around generational gatherings with family members, which can enrich a child’s life and give them a deep sense of belonging.

Legal Process for Requesting Grandparent Family Time

If uncontested, the legal process around petitioning for grandparent visitation is straightforward. An initial petition is filed with the district court where the child resides, and the custodial parent or guardian must file an answer. They can agree with the petition, expediting the process, or oppose it.

If the custodial parent opposes the petition, an affidavit must be filed with their reasons for the opposition, and a hearing is scheduled. Both parties can present their evidence and arguments for and against the visitation, and the courts will review the information and decide.

Reasons To Seek Grandparent Visitation

While separation, divorce, and annulment are some of the more common reasons a grandparent may lose access to their grandchildren, the death of their adult child is another factor. In the case of widowhood or the death of an unmarried parent, sole custody automatically defers to the surviving parent, unless there is evidence of abuse or neglect. Widowed partners sometimes remarry, and their new spouse may adopt your grandchild.

What many people do not realize is that even if your grandchild is adopted by someone else after the death of your adult child, your grandparents’ rights remain in effect, and you still have legal recourse to see your grandchildren. It’s heartbreaking to lose a child, and then to face the possibility of never seeing your beloved grandchildren again can further compound your grief.

Another situation that impacts custody and visitation is the incarceration of the non-custodial or custodial parent, and issues related to drug use and neglect. No matter the reasons for a shift in custody arrangements, grandparents have the right to petition the courts for visitation. It’s even possible for grandparents to be awarded custody in some circumstances. Over 39,000 Colorado families have children in kinship care.

Hire a Grandparent Visitation Lawyer

It is strongly advisable to secure the services of a family law attorney to oversee this process, as they can help you with all filings and help you prepare information and evidence to support your case, creating a convincing argument for visitation rights. If the court rules against granting you visitation rights, you can appeal, but this will lead to litigation. Having a knowledgeable attorney who is familiar with Colorado’s visitation laws is crucial to your case.

If you are facing estrangement from your grandchildren because of changing family dynamics or parental death, you have legal options to protect yourself from non-cooperation due to the custodial parent’s interference. The team at Kinnett & Cordes can help.

FAQs

Q: How Much Does It Cost to Hire a Grandparent Visitation Lawyer?

A: Attorney fees vary according to the complexity of the case, the experience level of the attorney assigned to the case, and the length of time it takes to come to a resolution. Attorney fees should be discussed during the initial consultation, where they can provide an accurate estimate of the costs that you could incur.

Q: How Long Do Grandparent Visitation Cases Last?

A: Depending on how the initial petition is addressed by the respondent, uncontested grandparent visitation requests can be resolved in a matter of weeks. If the respondent opposes the visitation request, the case becomes more complex, and the duration could expand to months. It’s advisable to consult with a lawyer who is qualified and knowledgeable about Colorado visitation laws to help expedite the process.

Q: What Can Negatively Impact a Visitation Hearing?

A: Lack of cooperation and intentional hostility with the opposing party are not well regarded by the courts. It’s crucial to remain respectful and follow all the rules of conduct in the district courts. Listen to your legal team, speak clearly, and avoid outbursts of emotion. Remember, the courts will always rule in favor of the child’s best interests, and stability is a key component of child welfare.

Q: I Don’t Live in Colorado. Can I Still Be Granted Visitation Rights?

A: Out-of-state grandparents can petition the district court where their grandchild lives for visitation rights. While these cases can sometimes be more complex, due to questions of transportation and the existing allotted time for vacations between custodial parents, Kinnett & Cordes serve our interstate clients effectively, helping them gain reasonable and fair visitation rights with their grandchildren.

Jefferson Grandparent Visitation | Rights Lawyer

At Kinnett & Cordes, we know the importance of preserving family relationships. Family law is our calling. We’re ready to answer all your questions about grandparent visitation in Colorado. You are a vital part of your grandchildren’s lives. Don’t miss another moment.

Contact us today for a consultation. Our team takes a client-first approach. We understand that each case is unique and requires an approach that fits the needs of the case, not a one-size-fits-all argument. Our team has the knowledge and experience you can count on when you need it the most.