February 15, 2010 - William L. Henry IV
In limited circumstances, grandparents (and other third-parties such as stepparents) can bring a proceeding in court to establish their rights regarding the parental responsibilities over a child. Parental responsibility, which was previously called custody, concerns who has decision-making authority over the child as well as parenting time.
The threshold issue in any grandparent case is legal standing. Put simply, standing concerns whether the grandparent or the stepparent can bring the case before the court. If the grandparent lacks standing, then the court will dismiss the case.
Once the grandparent can establish standing, then the court will determine if it is proper to give the grandparent parental responsibility. The court will consider the presumption that a child should be placed with a fit biological parent, the best interests of the child, and any past neglect or abuse by the grandparent.
Finally, the U.S. Supreme Court's recent decision in Troxel v. Granville may affect grandparent and stepparent rights in Colorado. In Troxel, the Supreme Court held that the Fourtheenth Amendment of the U.S. Constitution grants parents a fundamental liberty interest in the care, custody, and control over their children. Therefore, there is a presumption in any grandparent case that a fit parent makes decisions in the best interests of their children.
Legal representation in a grandparent or stepparent case is imperative. Because of the various presumptions that may work against a third-party, the foundation of a strong case is diligent pre-trial work establishing that the grandparent should have custody over the child.
If you have questions about grandparents rights, visitation, or other matters concerning visitation of your grandchild, contact our attorneys. Our lawyers are available to meet with you throughout Colorado in Denver, Castle Rock, or Colorado Springs. Contact our grandparents rights attorneys for a free consultation.