Can Grandparents Get Visitation of Grandchildren After Divorce?

On behalf of

Gandmother and Granddaughter playing on a tablet

In some cases, grandparents can get visitation of grandchildren after a divorce in Colorado. Under state law, the courts can decide if it is in a child’s best interest to have regular visitation with their grandparents. Many factors play into this decision, and these cases are often not easy to win.

The laws that offer the right to request visitation to grandparents only allow it in particular circumstances and they still must prove their case very convincingly. The courts understand that a custodial parent may have their own reasons for preventing their children from seeing the other side’s parents and may uphold their ability to withhold regular visitation.

Colorado Law Allows Grandparents to Request Visitation in Some Situations

Colorado law allows grandparents to request visitation with their grandchildren after a divorce. Grandparent visitation is possible any time there have been issues of custody raised in court. Just because the grandparent has the right to request visitation does not mean the court will grant it, though.

Whether you are fighting for grandparent visitation or defending against it, it is critical you understand the rules for getting this type of request approved.

In some cases, grandparents can also get custody of grandchildren if it is in the best interests of the child.

Grandparents Seeking Court-Ordered Visitation Have Many Hurdles to Clear

For grandparents hoping to get visitation with their grandchildren after a divorce, it is possible. However, it can be difficult.  Having a determined child custody attorney who regularly handles these cases can help grandparents understand what it takes to prove their case.

The Grandparents Must Have Legal Standing

In general, Colorado courts assume parents make the best choices for their children, and this includes whether to permit grandparents visitation. The right to request court-ordered grandparent visitation usually only happens:

  • When there is or has been a child custody proceeding;
  • When one parent passes away; or
  • When someone other than a parent has custody of the child.

The Custodial Parent May Still Get Final Say

Even when grandparents can prove they have legal standing to request visitation, the courts give weight to a custodial parent’s request. The parent’s wishes receives “special weight” when the court looks at the case, and they presume the parent is fit to make this decision unless the grandparents can show otherwise.

The Visits Must Benefit the Child

Grandparents hoping for court-ordered visitation will need to show how their visits will benefit the child. Proving the benefits to the child often requires proof that it is in a child’s “best interests”.

You May Have Your Own Reasons for Fighting Against Grandparent Visitation

Some adults are estranged from their own parents and prevent them from seeing their grandchildren even before a divorce. In some cases, it will be difficult if the former in-laws have spoken negatively about the custodial parent in front of the children.

The court considers many issues and has the authority to decline a request for grandparents visitation. However, it is important to present a cohesive and convincing argument in this type of case.

Talk to Shapiro Family Law About Fighting for or Against Grandparent Visitation

At Shapiro Family Law, our founding partner Laura E. Shapiro has focused on family law exclusively since 1987. She understands what it takes to get grandparent visitation — and to defend against it. Her team can take on even the most complex cases. We provide the compassionate counsel you deserve paired with the vigorous advocacy you need.

Let us help you understand the Colorado law as it relates to grandparent visitation, file the proper paperwork, and represent you throughout the process. We will prepare an aggressive argument and fight for the best interest of your children or grandchildren.

Call us today at 303-695-0200 to learn more or to get started on your case.