The relationship between a child and her grandparents is special. Grandparents often play a pivotal role in a child’s upbringing, providing comfort, wisdom, and often, cookies. Colorado recognizes the importance of these relationships and is one of just a few states that has codified grandparents’ rights. However, these rights are not automatic - there is a family law process grandparents must follow in order to assert their rights, and there are certain circumstances that must exist.

If you are a grandparent and feel that you may need a court order to keep seeing your grandchildren, it is important to consult an attorney. The legal process for asserting grandparents’ rights can be tricky and you will want a strong legal advocate on your side.

When Can Grandparents’ Rights be Asserted?

In order for grandparents to assert their legal right to visitation with their grandchild, one of several qualifying circumstances must be present in your situation. These qualifying circumstances are:

At one time, divorced parents were able to arrange for childcare in whatever way they thought best during the times they had physical custody of their child. However, over the years, Colorado family laws have evolved and changed. One of the changes that were made was adding the right of first refusal for parents in custody and childcare situations. The law now requires parents who need to arrange for childcare to first offer the other parent the option of watching the child before they look for someone else to babysit.

How Does Right of First Refusal Work?

The goal of the change was to ensure the best interest of the child – which is the legal standard for all custody decisions – is always met. In the majority of cases, the courts believe that it is in the child’s best interest to spend as much time as possible with each parent, and that it is far better for a child to spend time with a parent than spend that same time with a babysitter or a nanny.

When parents are negotiating a parenting plan, either because of a divorce or custody case, the courts do allow them to come up with a practical way of implementing the right of first refusal. If they cannot agree on how it should be done, the court will come up with a plan for them.