Winter Park, CO asked in Family Law for Colorado

Q: Our 32 old son, and daughter in law, will not speak to us thus refuse to let us have contact with our

two young grand sons. Do we have any rights in Colorado?

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: It depends. Grandparent's rights are limited versus parental rights in the US. If there is any adjudication involving the children (e.g. divorce w/ custody, paternity, guardianship, custody for unmarried couples, probate or dependency and neglect), grandparents have standing (ability) to make a custody request. If no adjudication involving the children has occurred, grandparents cannot bring suit.

If adjudication has occurred and a grandparent custody motion can be filed, the next hurdle is convincing a judge. Structurally, grandparents have to present a stronger case compared to parents. Be aware that many judges hold the view that grandparents can have contact via their children's parenting time and usually only consider grandparent visitation if one parent (the one with the requesting grandparents) has very limited visitation rights (e.g. the parent is in jail or lives out of state)

Unless there is a D&N case (child abuse), you will need a lawyer to help build and present the case.

Stephen J. Plog
Stephen J. Plog
PREMIUM
Answered
  • Tampa, FL
  • Licensed in Colorado

A: Unfortunately, unless there is, or has been, a case involving them and the custody of your grandsons, there is nothing that can be done to force them to allow contact. Grandparent visitation cases can only be filed if there has been a custody or custody-like case involving the kids or if you are a grandparent and the parent that is your child is deceased.

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