Adams County Grandparent Visitation

In Colorado, grandparent visitation is allowed by law. A paternal or maternal grandparent may seek a court order to help them obtain a reasonable amount of family time when there has been a divorce, when one parent has sole custody, or when there has been a parental death or incarceration. If you are seeking visitation rights with your grandchildren, an Adams County grandparent visitation lawyer can help.

At Kinnett & Cordes, we are dedicated to serving families with conscientious compassion. Family law is all we do, and our empathetic, client-first approach focuses on the child’s most favorable interests, while helping families heal by facilitating the legal processes around custody and visitation. You deserve to experience special moments with your grandchildren. We have assisted many clients in situations similar to yours in Adams County and the surrounding area, and we are ready to help you, too.

Colorado Supports Grandparent Visitation

Colorado believes that children benefit the most when they have a relationship with extended family. While grandparents’ rights are not automatically granted in Colorado, any grandparent or great-grandparent may legally petition the court for visitation rights, known as grandparent family time, when the original marital or parental relationship has been legally severed through divorce, separation, adoption, or death.

Another factor influencing families is the incarceration of a parent. Half of the imprisoned people in the US are parents of minor children, leaving families shattered and children vulnerable to cognitive and emotional deficits. The love and support of a grandparent can help bridge the gap in a child’s life when one parent is incarcerated, providing connection and strengthening the family ties with the child’s kin.

Process For Seeking Grandparent Family Time

The legal process for seeking grandparent family time begins with filing a petition to the district court where the child lives. In Adams County, grandparent family time cases are heard at the Adams County District Court in Brighton. An affidavit stating the reason for the petition must be included with the petition, outlining details of the desired visitation schedule.

Following the filing, the child’s custodial parent or guardian is notified of the petition and must file a response. If the custodial parent agrees with the petition, the grandparent visitation can be granted, so long as it is fair and does not interfere with the child’s interests. If the custodial parent contests the petition, either party may request a hearing.

If the court grants a hearing, both parties have the opportunity to present their reasons for supporting or opposing the visitation schedule. For cases that proceed to a hearing, it is highly advisable to hire a grandparent visitation lawyer to facilitate the process and advocate on your behalf.

Factors Influencing Grandparent Visitation

If a hearing is granted, the district court can assess the petition and the visitation request to determine whether it reflects the most favorable outcome for the child. Requests for grandparent family time that present an undue hardship for the custodial parent or child, such as extended travel times, school night visitations, lengthy vacations that interfere with holidays or the parent’s work schedule, and requests that cross state lines, may be denied.

During visitation hearings and mediation, it is crucial to maintain a respectful, professional demeanor when engaging with court officials and the custodial parent. Emotional outbursts and disrespect are not well-tolerated by family court judges, who are most concerned with the well-being of the children involved.

Studies show that grandparent involvement benefits children and their grandparents, who live longer and healthier lives when they have a relationship with their grandchildren. When parents and grandparents get along, the bonds within families are solidified, strengthening the emotional resonance of everyone involved.

It is the wish of Colorado courts to grant grandparent family time in most situations. A solid legal strategy, patience with the court process, and conducting yourself with respect can increase your chances of receiving the visitation schedule you request.

FAQs

Q: My Grandson’s Parents Are Still Married. Can I File for Grandparents’ Rights?

A: If a marriage is intact between the child’s biological parents, grandparent family time is left to the discretion of the parents, who have the right to parent their children as they see fit. The courts generally can only become involved once a family court decision, death, adoption, or incarceration occurs.

Q: My Grandchild Is in Foster Care. Do I Have Visitation Rights?

A: Grandparents’ rights are not automatically granted in foster situations. You may petition the court for grandparent family time, and the court can determine whether grandparent family time serves the interests of the child. If visitation is granted, it’s important to comply with the court’s rules regarding contact with the biological parent. The child’s safety is paramount.

Q: How Long Do Grandparent Visitation Cases Take?

A: The length of time from petition to resolution in grandparent family time cases varies according to the complexity of the case, the caseload of the district court overseeing the case, and the amount of time required for mediation between parties. An uncontested case usually takes less time, whereas a contested petition may take longer to resolve. Consult an experienced attorney for an estimated time for your case.

Q: Do I Need an Attorney for a Grandparent Family Time Case?

A: Grandparent rights laws can be complicated, and mistakes and clerical errors can be easily made while petitioning for visitation. It’s advisable to seek the counsel of a knowledgeable family law attorney, who can expedite the process of petitioning the court and advocate for you should the petition be disputed by the custodial parent.

Ready To Take the Next Step? Hire a Grandparent Visitation Lawyer You Can Trust

Kinnett & Cordes focuses on all aspects of family law, from divorce and child custody to grandparent family time. When you’re ready to move forward with pursuing your right to grandparent visitation in Adams County or the surrounding area, we’re here to listen and answer all your questions. Contact us today to learn how we can help you plan for a future full of beautiful memories with your grandchildren.