Under what conditions will a judge grant visitation or custody of a child or a grandchild?

By Kate Miller
October 31, 2017
Under what conditions will a judge grant visitation or custody of a child or a grandchild?

Any non-parent who meets the standing requirements can bring claim for parental responsibility. A grandparent is considered a non-parent. The Supreme Court case Troxel talked about the presumption in favour of a parent over a grandparent.

In Colorado the statute has been expanded so long as the party has met the standing requirements, that they can file for custody. A grandparent must first have standing to bring his or her claim for parenting time or visitation against the parent. Once a non-parent has standing and requests parental responsibilities, the court will consider the presumption in favour of the biological parent in her determination of how the child should be raised. Before a court can give parental responsibilities to a non-parent over the parent's objections, the court has to consider special factors

In Colorado in order to obtain standing, a non-parent must file a petition seeking allocation of parental responsibilities for the child in the county where the child is permanently residing, or where the child is found. But only if the child is not in care of the child's parents or the non-parent must have physical custody and care of the child for a period of 182 days or more, if that action is commenced within 182 days after the termination of their physical care.

Kate Miller is a Denver, Colorado attorney focused exclusively on the practices of divorce and family law. She has lived many of the issues regarding divorce and child custody, and is passionate about helping people through this process. To learn more about Kate and her firm visit www.MillerFamilyLawLLC.com.

Back To Top

October 31, 2017
Categories:  FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.