Colorado Law has provisions for grandparent visitation rights, although they are quite stringent due to the emphasis on the parent's rights concerning the upbringing of their children. The case of Troxel v. Granville significantly impacted grandparent visitation rights, leaning towards parental rights unless it can be proven that the child's best interests are not being met.

In Colorado, as per the guidelines laid out by the Colorado Supreme Court in 2006, a grandparent can only be granted visitation rights under certain conditions:

1. Presumption in Favor of Parental Visitation Determination: The law presumes that the parent's decision regarding who can visit their child is in the child's best interests.

2. Rebutting the Presumption: Grandparents must provide clear and convincing evidence that the parent's visitation determination is not in the best interests of the child.

3. Burden of Proof: The burden of proof lies with the grandparents to establish that the visitation schedule they propose is in the best interests of the child.

The standard of "clear and convincing evidence" is a high burden, but it is not insurmountable. You may petition for visitation rights under Colorado Law (C.R.S. § 19-1-117) If the child has been placed outside the parent's home in foster care, which appears to apply here.

Colorado maintains forms for you to file for grandparent visitation. You can find those forms here: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=85. For more information on your rights as a grandparent, read our article "Grandparent Rights in Colorado." If you would like to talk with one of our family law attorneys, please call us for a free case assessment at (303) 688-0944.