In Colorado, obtaining custody as a great-grandparent is particularly challenging if the parent is deemed to be adequately caring for the children. However, there is legal precedent for establishing court-formalized grandparent (including great-grandparent), visitation. This became more complicated after the U.S. Supreme Court's ruling in Troxel v. Granville in 2000, which emphasized parental rights and made it more difficult for grandparents to secure visitation against a parent's wishes. Colorado law has adapted to this by setting stringent requirements for grandparents to rebut parental decisions through clear and convincing evidence that their proposed visitation schedule is in the child's best interests.

Nevertheless, it is possible.

Colorado law allows grandparents and even great-grandparents to petition for reasonable visitation under specific circumstances, such as divorce, legal separation, or the death of a parent. For those considering custody, avenues exist when a child is removed from the home, when grandparents have been raising the child, or in ongoing custody cases. However, these rights are not automatic and require legal consultation for a case-specific approach. See our article "Grandparent Rights in Colorado."

The father does have the right to establish parenting time with the child. This is accomplished through a divorce proceeding, or if the parents are unmarried, through an allocation of parental responsibilities case. Without knowing more information it is hard to suggest how the father should proceed, except that he should speak with an attorney as soon as possible. For more information check out our content on father's rights here.

If you or the father would like a free case assessment with our family law team please call us at (303) 688-0944.