Colorado Springs Grandparent Rights Lawyer

In Colorado, grandparent rights are a nuanced area of family law.

These rights, which include potential visitation and custody rights, are specific and limited, requiring careful navigation and understanding of the legal landscape.

This is where our  experienced family law attorney based in Colorado Springs, can play a pivotal role in safeguarding your rights as a grandparent.

Understanding Grandparent Rights In Colorado

Colorado law acknowledges grandparents’ rights to seek visitation or custody in certain situations. However, these rights are not automatic, and overcoming the deference to parents can be a high burden. Importantly, no grandparent or great-grandparent may seek an order granting visitation more than once every two years unless approved by the court. This restriction applies unless there’s a good cause, such as the death of a parent or significant changes to the parents’ circumstances.

Moreover, it’s noteworthy that grandparent rights did not exist until about 40 years ago. In most family courts, biological parents’ rights take precedence over those of grandparents. Therefore, navigating this legal landscape requires a seasoned professional in Colorado family law.

The Role Of Patricia Perello

Patricia Perello understands the ins and outs of grandparent rights in Colorado and can provide guidance and representation for grandparents seeking visitation or custody rights.

Ms. Perello can help you understand the prerequisites for filing for grandparent rights in Colorado. For instance, she can explain when and how you can seek a court order for contact and visitation rights. She can also guide you through the legal intricacies surrounding the ‘good cause’ provision that allows grandparents to seek visitation rights more than once every two years.

In cases where custody is sought, Patricia can help build a strong case demonstrating why granting custody to the grandparent would be in the child’s best interests. She can also assist in negotiating and mediating agreements between grandparents and parents, focusing on the child’s welfare while respecting the rights of all parties involved.

Common Scenarios Where Grandparents Seek Legal Help

Grandparents’ rights refer to the legal rights that grandparents may have to maintain relationships with their grandchildren, especially when they are denied access or concerned about the child’s well-being. Here are common scenarios where grandparents might seek legal assistance:

1. Parental Divorce or Separation:

• After a divorce or separation, the custodial parent might limit or prevent the grandparents from seeing their grandchildren, especially from the other side of the family.

2. Parental Death:

• If a child’s parent (the grandparent’s child) dies, the surviving parent might restrict access to the grandparents. The grandparents may seek visitation rights, especially if they strongly bonded with the child before the parent’s death.

3. Parental Incapacity:

• Grandparents might seek custody or visitation rights to ensure the child’s well-being if a parent is deemed unfit due to substance abuse, mental illness, or other issues.

4. Child Abuse or Neglect:

• If grandparents suspect or know their grandchildren are being abused or neglected, they may seek legal help to obtain custody or ensure the child’s safety.

5. Parental Relocation:

• If parents relocate to a distant place, it may hinder the grandparents’ ability to maintain a close relationship with their grandchildren. They might seek legal help to ensure regular visitation.

6. Parental Alienation:

• Sometimes, parents might intentionally alienate the child from their grandparents due to personal conflicts, influencing the child’s perspective. Grandparents may pursue legal remedies to counteract this.

7. Custody Challenges:

• In situations where neither biological parent is deemed fit for custody, grandparents might seek custody themselves, especially if the alternative is foster care.

8. Adoption:

• If a grandchild is being adopted, especially in the case of step-parent adoption, grandparents may lose their legal rights. They might seek legal help to ensure continued access to their grandchild.

9. Establishing Guardianship:

• Grandparents may seek to establish legal guardianship of their grandchild if the parents are incapacitated or if it’s in the child’s best interest.

10. Financial Assistance:

• In some cases, grandparents may seek legal help to ensure they receive financial assistance or child support as the primary caregivers.

The Legal Process for Grandparents

In Colorado, grandparents’ rights have specific legal pathways, particularly concerning visitation and custody of their grandchildren. While grandparents don’t have inherent rights to visitation, the Colorado statutes provide certain circumstances under which they can petition for such rights. Here’s an outline of the legal process in Colorado:

1. Understanding the Statutes:

• Colorado Revised Statutes §19-1-117 is the primary statute addressing grandparents’ visitation rights. It’s essential to be aware of this law and its stipulations.

2. Eligibility to Petition:

• Grandparents can file a motion for visitation in Colorado if:
• The child’s parents’ marriage has been annulled and declared invalid, or the parents are divorced.
• The child is in the custody of someone other than a parent.
• The child’s parent, the grandparents’ child, has died.

3. Legal Representation:

• Hiring a family law attorney with expertise in grandparents’ rights in Colorado is crucial to navigating the complexities of the legal process effectively.

4. Filing a Motion:

• Grandparents must file a motion in the county where the grandchild resides or where there’s an ongoing custody case or a case concerning the allocation of parental responsibilities concerning the grandchild.

5. Best Interests of the Child:

• As in most states, Colorado courts prioritize the child’s best interests. Grandparents must prove that granting visitation is in the grandchild’s best interest.

6. Parental Presumption:

• Colorado law presumes that a fit parent’s decision regarding grandparent visitation is in the child’s best interest. To secure visitation rights, grandparents must overcome this presumption by demonstrating that being denied visitation would harm the child.

7. Court Hearing:

• A hearing is scheduled where both parties present their arguments and evidence. The court will look at things including the history of the grandparent-grandchild connection, the advantages of visiting, and any arguments against it.

8. Mediation:

• Before or during the court process, parties might be directed or choose to undergo mediation to resolve the matter without further court intervention.

9. Court Decision:

• The court will render a decision after considering all evidence and factors. If the motion is granted, the judge will create a visitation schedule.

10. Modification of Visitation Rights:

• If circumstances change in the future, either party can petition the court to modify the visitation order.

11. Enforcing Visitation Rights:

• If the parent(s) do not adhere to the court’s visitation order, the grandparent can take legal action to enforce their rights.

12. Appeals:

• The grandparent has the option to file an appeal in the event of an adverse decision. However, appeals can be lengthy and may require solid legal grounds.

Grandparents seeking visitation rights in Colorado should remember that while the process can be emotionally challenging, the focus remains on the child’s welfare. Legal representation is valuable to help grandparents navigate the complexities and put forth a strong case.

Building A Strong Case For Grandparent Rights

Partnering with an experienced family lawyer can help grandparents build a strong case for grandparent rights. At the Law Office of Patricia M. Perello P.C., we understand the importance of emotional bonds between grandchildren and their grandparents. We strive to ensure that the child’s best interests are considered in court proceedings. Our attorneys have decades of experience helping grandparents secure visitation rights in Colorado and are familiar with the state’s guidelines.

When you choose to work with us, we will:

• Investigate all information relevant to your case.
• Gather evidence to strengthen your case for grandparent rights.
• Develop effective strategies based on the facts of your situation.
• Represent you in court proceedings, if necessary.

If you are a grandparent seeking visitation rights in Colorado, turn to the Law Office of Patricia M. Perello P.C. We will work with you to ensure your grandchild can benefit from the connection they share with their grandparents.

Challenges & Obstacles Of Grandparent Rights In Colorado

The relationships between grandchildren and their grandparents are typically quite close and meaningful. However, when seeking visitation or custody rights in Colorado, they face several challenges and obstacles:

1. Parental Presumption:

• Like many other states, Colorado law operates on the presumption that decisions made by a fit parent about their child’s associations, including with grandparents, are in the child’s best interest. Overcoming this presumption can be a significant obstacle.

2. Limited Situations for Filing:

• Grandparents can only petition for visitation rights under certain conditions, such as if the parents have divorced, if a parent has died, or if the child isn’t in the custody of a parent. This limits the scenarios under which grandparents can seek legal intervention.

3. Best Interests Standard:

• The court’s paramount concern is always the child’s best interests. This is a subjective standard, and it can be challenging for grandparents to demonstrate that visitation or custody with them meets this standard, especially if parents object.

4. Emotional Toll:

• Pursuing legal avenues for visitation or custody can strain family relationships. These legal battles can create or exacerbate tensions between grandparents and parents.

5. Financial Challenges:

• Legal processes can be costly. From attorney fees to court costs, pursuing grandparents’ rights can be financially draining for some grandparents.

6. Navigating the Legal System:

• The legal system can be intricate and confusing. Without appropriate legal counsel, grandparents may struggle to understand the nuances of the law, procedures, and rights.

7. Proving Harm:

• In cases where parents have refused visitation, grandparents might need to prove that the lack of a relationship with them is causing harm to the grandchild. This is a high standard and can be challenging to establish.

8. Changes in Circumstances:

• Even if grandparents are granted rights, they might face challenges in maintaining those rights if there’s a change in the child’s or parents’ circumstances.

9. Enforcement of Visitation Rights:

• Securing visitation rights is one thing; enforcing them is another. If parents refuse to comply with a visitation order, grandparents may need to return to court, which can be emotionally and financially draining.

10. Modification and Termination:

• Once established, visitation rights can be modified or terminated if the court determines that there’s been a change in circumstances and that such an adjustment would be in the child’s best interest.

The Importance Of Legal Representation

Grandparent rights are complex and dynamic. A qualified attorney can help grandparents understand their rights under the law, navigate the legal system, protect their interests, and ensure fair treatment in court. Without understanding Colorado’s laws or a professional advocate, grandparents may struggle to obtain visitation rights and enforce them when necessary. If you’re seeking grandparent rights and need legal assistance, it’s vital to seek experienced representation as soon as possible. Doing so can help maximize your chances of a successful outcome.

Additionally, grandparents should be aware that before they begin filing for visitation rights, they must first obtain the court’s permission by filing a petition with the district court in the county where the child lives. A knowledgeable lawyer can help you complete this process and ensure your rights are protected at every step.

Patricia M. Perello Will Ensure Your Rights Are Greatly Defended

If you’re a grandparent needing legal help, finding an attorney with experience and knowledge in this area is essential. Attorney Patricia M. Perello strongly advocates for grandparents’ rights in Colorado. She understands that a meaningful relationship between children and their grandparents can benefit everyone involved, and she’s committed to helping her clients seek the visitation rights they deserve.

At Patricia M. Perello, P.C., we understand how valuable the grandparent-grandchild relationship can be and treat each case with respect and care. We are dedicated to providing our clients with personalized legal representation tailored to their needs. Our experience in this area of law allows us to provide superior service and ensure that your rights are incredibly defended.

We strive to provide our clients with clear and concise advice on the legal process, their rights under Colorado law, and the best course of action for achieving their desired outcome. We aim to protect your relationship with your grandchildren and help you maintain a healthy connection with them for years.