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