Visitation rights are given to the non-custodial parent in a divorce and child custody context. The specific terms of visitation are detailed in what is called a “child visitation agreement” or “child visitation schedule.”
First and foremost, the court considers the child’s best interests. They will then consider other factors, such as:
- The age and the overall well-being of the child;
- The location of each parent;
- The current employment and work history of both parents;
- If the child is old enough, the court may ask about their living preference; and
- Each parent’s daily work and life schedules.
Courts generally prefer both parents to have an active role in their child’s life. However, if there are past issues such as abuse or domestic violence, the judge may require supervised visitation. In rare cases, they may order no visitation rights.
A child visitation agreement occurs between two parties with the shared goal of creating a visitation schedule with their child. The arrangement outlines each parent’s visitation rights, as well as their duties and responsibilities to their child. It is best if the parents can reach an agreement together. However, if they cannot, the court will intervene. A common child visitation agreement may include:
- The child’s main residence;
- A detailed visitation schedule;
- Acceptable activities;
- Geographic restrictions; and
- Modification instructions.
While state laws vary in terms of custody and visitation rights, it is not uncommon for the parent with sole custody to create the visitation schedule. They will then submit it to the court, and if the judge approves, it will become a court order.
If both parents are able to cooperate with one another, they may be able to reach an agreement together without court approval. However, because circumstances can change, it is recommended to submit the agreement to a judge as doing so would make it legally enforceable should any issues arise.
Can Grandparents Get Visitation Rights?
In terms of the right to visit or spend time with a grandchild, a grandparent may have some rights; at the very least, they may have a means of legal recourse in order to obtain them. However, the rights that grandparents can obtain over a grandchild in terms of visitation are not as extensive as the rights that a parent has over their child.
Some states may afford greater visitation rights to grandparents based on jurisdiction and whether the grandparent is considered to be the child’s legal guardian. Most courts maintain that it would be in a grandchild’s best interest to maintain contact and develop a relationship with grandparents, when those grandparents can provide a safe and healthy familial home environment. There are roughly twenty states that have enacted more restrictive visitation rights than those in other states; an attorney can advise a grandparent as to whether they reside in one of these more restrictive states.
However, some state laws acknowledge the concept that a grandparent does not possess a natural right to visit their grandchild because they are not an actual parent. This is why a parent or another legal guardian may need to be present during visits with a grandchild, even after a grandparent has received a court order granting them visitation rights.
In most states, a grandparent must first convince a family law judge that being given visitation rights to see their grandchildren would be in their grandchildren’s best interests. After doing so, a family law judge may be willing to issue an order allowing a grandparent to spend time with their grandchild.
When determining whether to grant a grandparent’s petition for grandchild visitation rights, the court will use the same standard that applies in parental visitation cases. As such, when applying the child’s best interest standard, the court will consider the following factors:
- How far away a grandparent lives from a grandchild’s parents’ residence;
- Whether a grandchild’s parents have refused to permit their child to spend time or visit with their grandparents;
- The grandchild’s desire to visit or spend time with their grandparents;
- How attached a particular grandchild is to their grandparents;
- The current relationship that a grandparent has with their grandchildren; and/or
- The background and lifestyle of a particular grandparent, including whether they abuse drugs or alcohol.
Assuming that all other factors are equal, the court will most likely award visitation rights to a grandparent, even if a parent has refused to allow a grandparent to spend time with or visit their grandchild. In the majority of such cases, the court has also mandated that the parties create and adhere to a fixed visitation schedule. This must then be submitted to the court and approved by the judge who is assigned to the case.
A grandparent’s visitation schedule may include guidelines such as:
- Which days of the week the grandchild will be allowed to visit;
- Whose house the visit with a grandchild will take place at; and
- Whether a grandparent will be permitted to spend time with the grandchild on special occasions.
Generally speaking, the court prefers that a parent and grandparent work out a visitation schedule on their own time. However, if the parties cannot do so, the court may intervene and impose a fixed schedule of their own. This schedule considers the interests of the parents, the grandparents, the grandchild, and/or any other parties involved in the matter.
Alternatively, if a parent has a good reason to prevent a grandparent from visiting with their grandchild, the court will likely deny a grandparent’s petition for visitation rights to see their grandchild. In such cases, the parents of the child must submit proof to the court that visiting with their grandparents will put them in danger or cause some type of harm to come to them. The grandparent may then submit their own evidence in order to refute the parent’s claim.
Do Grandparents Have Any Visitation Rights In Colorado?
According to Colorado law, grandparents have visitation rights in limited circumstances.
The three circumstances in which a grandparent can have visitation rights according to C.R.S. 19-1-117 are:
- The children’s parents have dissolved their marriage;
- The children are in the legal custody of a guardian; and/or
- A parent has died. It is important to note that the deceased parent must be the grandparent’s adult child.
Additionally, the three specific requirements that grandparents must meet in order to receive a court-ordered visitation are:
- A grandparent must have a legal right to petition for visitation, which is also referred to as legal standing;
- The grandparent must overcome the presumption that the child’s parents are fit to make visitation decisions. The court assumes that the parent is using sound judgment when making visitation decisions about grandparent-grandchild visitation. As such, grandparents will need to prove that this particular presumption is wrong; and
- The grandparent must show clear and convincing evidence that grandparent visitation is a grandchild’s best interest.
However, if the child is adopted, the birth grandparents lose their right to petition for visitation.
The grandparent must also show “special factors” which make grandparent visitation in the best interest of the child. Some examples of special factors include, but may not be limited to:
- A significant relationship between grandparent and grandchild prior to the court petition; and/or
- A bond or connection is made between the grandparent and grandchild due to one or both parents’ death.
Do I Need A Lawyer For Help With Grandparent Visitation Rights In Colorado?
If you are a grandparent in Colorado who is seeking visitation rights, you should consult with a Colorado child visitation lawyer. A Colorado attorney will be best suited to helping you understand your legal rights and options according to Colorado’s specific laws, and will also be able to represent you in court, as needed.
