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Domestic Partnership Agreements

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Estate Planning for non-married partners

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Custody Actions

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Guardianships

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Grandparent Rights

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Home > Grandparent Rights

Grandparent 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 of 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 6 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 6 months of the child no longer living with the grandparents.

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This website is intended to give general legal information about Colorado laws and the Colorado legal system as they pertain to family law, estate planning and probate. The contents of this website do not constitute legal advice. You should not rely on this website to answer questions about your specific case. Every case is different. This website should not take the place of getting legal advice from a competent Colorado attorney. By visiting this website, you are not a client of the Willoughby Law Firm, LLC.