Divorce is a complex and emotionally charged process that often involves various legal considerations, including the rights of grandparents. At Alexander & Associates, we understand the importance of maintaining strong family bonds, even in the face of marital dissolution. In this blog post, we will explore the intricacies of grandparents’ rights in divorce cases and how our experienced divorce lawyers can help you navigate these challenging circumstances.
Understanding Grandparents’ Rights:
Grandparents often play a vital role in the lives of their grandchildren, providing love, support, and stability. However, when a divorce occurs, their rights can be impacted. Colorado courts typically favor fostering existing family bonds, including the significant bond between grandchildren and grandparents.
According to Colorado law (C.R.S. §19-1-117), grandparents can petition for visitation when divorce or legal separation occurs, or when the death of one of the children’s parents has occurred.
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Visitation Rights:
In Colorado, grandparents may petition the court for visitation rights if the divorce or separation significantly disrupts the grandchild-grandparent relationship. The court will consider various factors, such as the grandparent’s previous relationship with the child, the child’s best interests, and the parents’ reasoning for restricting visitation.
If it is determined that maintaining a grandparent/grandchild relationship is considered in the best interest of the child, and the grandparents are granted visitation, it is treated similarly to parental visitation – a schedule is set, with times and frequency determined by the court. The court generally takes previous existing relationships into account when determining this to ensure an appropriate amount of time is given.
Our team at Alexander & Associates has extensive experience in presenting compelling cases that highlight the importance of maintaining these crucial familial connections. We work diligently to ensure that grandparents have a voice in court and can continue to be a positive influence in their grandchildren’s lives.
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Custody Rights:
In exceptional cases, grandparents may pursue custody rights if the child’s biological parents are deemed unfit or unable to provide a safe and stable environment. This typically occurs when a child is removed from their parents’ custody by police or child protective services, or when a child has been living in the custody/care of a grandparent and the grandparent wants parental legal responsibilities for the child.
- Grandparent’s Who’s Children Have Cut Contact or Gone No-Contact
It is unfortunate, but there are exceptional cases where a parent of a child may cut their own parents out of their life, and therefore do not want the grandparents to have contact with the children.
When visitation schedules of parents and grandparents are being determined, courts prioritize what is in the best interest of the child, which includes the nature of the relationships the parents have with the child. After all, cutting a child’s grandparent out of their life is arduous, and is therefore not a decision that is made with haste. Such cases require special handling to provide proper evidence and reasoning as to why a grandparent should not have visitation rights. If this describes your family, we advise discussing this nuance with your lawyer.
How Alexander & Associates Can Help in Cases with Grandparents’ Rights:
Navigating grandparents’ rights in divorce cases requires a skilled and empathetic legal team. At Alexander & Associates, our divorce lawyers possess the expertise and compassion needed to guide you through this challenging process.
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Expertise in Family Law:
Our attorneys specialize in family law, ensuring that we stay abreast of the latest legal developments and nuances related to grandparents’ rights. We leverage our in-depth knowledge to build strong cases that resonate with the court.
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Personalized Legal Strategies:
Every divorce case is unique, and so are the considerations for grandparents’ rights. Our legal team tailors strategies to the specific circumstances of each client, recognizing the importance of a personalized approach to achieve the best possible outcome.
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Compassionate Advocacy:
At Alexander & Associates, we understand the emotional toll that divorce can take on all parties involved. Our team approaches each case with empathy, providing compassionate advocacy to help grandparents navigate the legal complexities while preserving the family bonds that matter most.
Conclusion:
Grandparents’ rights in divorce cases require careful navigation through the legal system, and having a knowledgeable and compassionate legal team by your side is crucial. At Alexander & Associates, we are dedicated to protecting the relationships that matter most, ensuring that grandparents’ rights stay protected so they can continue to play a positive and meaningful role in their grandchildren’s lives. Contact us today for expert guidance and support during this challenging time.
