Frequently Asked Colorado Grandparent Visitation Questions Part 1
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- What is grandparent visitation?
Grandparent visitation is visitation for grandparents set forth in statue. Our legislature has deemed the contact between grandparents and grandchildren to be potentially in the best interest of children. In some cases, such as those in which one parent does not get visitation with the kids, grandparents may need to seek court intervention to continue their relationship with their grandkids. Grandparent visitation is independent of visitation between the parents. It can only be sought as part of an underlying custody case, divorce case, or other case involving the care or control of a child.
- What do I have to show to get grandparent visitation?
Generally, a grandparent must show that grandparent visitation is in a child's best interest. This is generally demonstrated by showing that an established relationship exists or that one would benefit the child.
- I filed a grandparent visitation motion before and lost. Can I file again?
Yes. However, pursuant to C.R.S. 19-1-117, a motion for grandparent visitation can only be filed every 2 years, meaning a party must wait 2 years from the disposition of a prior motion before filing a new one. Unfortunately, 2 years can be a significant amount of time in the life of a child. Therefore, it is important for your family law attorney to be abreast of facts, procedures, and the law regarding grandparent visitation.
- I want to move out of state, but there is an order for grandparent visitation. Can they stop me from moving?
The statutory section for grandparent visitation states that grandparent visitation cannot be the basis for preventing movement of a child. This means that the visitation cannot be the sole or pivotal factor for denying a request to move out of state with the children. Certainly, grandparent visitation orders would need to be modified, but they cannot be used to block a parent from relocating from Colorado with a child in a divorce or custody case.