Grandparent's Rights

Can I Get Custody of My Grandchildren?

As of 2020, according to U.S. News, 2.9 million children in the United States are being raised by their grandparents. Issues of grandparent visitation and custody are difficult, involving parents’ constitutional rights and complex family dynamics. This article addresses how grandparents can request visits or custody of their grandchildren.

Grandparent Visitation

The simplest way for a grandparent to get visits is through their grandchildren’s parents. Even after a divorce, unless there is a court order prohibiting contact between grandparents and grandchildren, either parent can allow visits during his or her parenting time.

In Colorado, if the parents are blocking visits, grandparents can ask that the Court order visits to occur. A grandparent can make this request if the parents are divorced, separated, their marriage was annulled, or there was an allocation of parental responsibilities case between the parents. If a third party has been granted custody of the child, grandparents can also seek visits. The Court will give preference to the parents’ decision about visits, but will also examine the relationship between the grandparents and grandchild.

Grandparent Custody

There are two ways that grandparents can get custody of their grandchildren: (1) through a dependency and neglect (child abuse) case; or (2) by providing care for their grandchildren for six months or longer.

If children are removed from the home in a dependency and neglect case, family members are preferred to foster care placement. This placement typically lasts until the children are returned home. However, if the parents do not comply with their treatment plans, it can result in permanent custody to the grandparents at the end of the case.

If a grandparent has had physical custody of a child for six months, the grandparent can petition the Court for an allocation of parental responsibilities (Colorado’s legal term for custody) to the grandparent. If the grandparent no longer has custody of the child, the case must be filed with the Court within six months of the child leaving the grandparent’s care. The judge will first determine if there has been any previous neglect or abuse by the grandparents, and will then analyze whether grandparent custody is in the child’s best interests.

Do you have questions about grandparent visitation that weren’t answered in this article? I’m here to answer your questions!