Grandparents' Rights
Visitation
In Colorado, if parents have been involved in a
custody action, the grandparents may petition a
court for court ordered visitation with their
grandchildren. However, because of a US Supreme
Court ruling, Troxel v. Granville,
grandparents have a difficult time receiving
significant visitation with their grandchildren if
the parents object. The constitutionality of
Colorado's grandparent visitation statute has been
upheld a number of times by the Colorado Court of
Appeals.
Guardianships
Grandparents may be appointed
guardians of a grandchild anytime the parents agree
to the appointment. Grandparents may be appointed
guardians of a grandchild if the grandchild is
living with them, and it is in the best interests of
the child for the appointment to be made. If a
grandparent wishes to be appointed a guardian for
health insurance purposes, the grandparent should
first check with the health insurance provider to
determine if the appointment as guardian will allow
the grandchild to be covered.
Custody
If a parent has left a child with the child's
grandparents, the grandparents may petition for
custody. If one or both of the parents have
continued to spend significant time with the child,
or the parent has actually lived with the
grandparents, the grandparents can file a petition
for custody of the child after the child has resided
with them for six months. If the grandparents wish
to make such a petition after the parent or parents
have taken the child back, grandparents must do so
within six months of the child no longer living with
the grandparents. As a grandparent, if your
grandchild is living with his or her parents, and
you believe that the child is in danger from the
parents' neglect, abuse, or drug use, you should
call Social Services.
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