Visitation rights of grandparents.
Any grandparent of a child may, in the manner set forth in
this section, seek a court order granting the grandparent reasonable grandchild
visitation rights when there is or has been a child custody case or a case
concerning the allocation of parental responsibilities relating to that
child. Because cases arise that do not directly deal with child custody
or the allocation of parental responsibilities but nonetheless have an
impact on the custody of or parental responsibilities with respect to a
child, for the purposes of this section, a "case concerning the allocation
of parental responsibilities with respect to a child" includes any of the
following, whether or not child custody was or parental responsibilities
were specifically an issue:
That the marriage of the child's parents has been declared invalid or has been dissolved by a court or that a court has entered a decree of legal separation with regard to such marriage;
That legal custody of or parental responsibilities with respect to the child have been given or allocated to a party other than the child's parent or that the child has been placed outside of and does not reside in the home of the child's parent, excluding any child who has been placed for adoption or whose adoption has been legally finalized; or
That the child's parent, who is the child of the grandparent, has died.
A party seeking a grandchild visitation order shall submit, together with his or her motion for visitation, to the district court for the district in which the child resides an affidavit setting forth facts supporting the requested order and shall give notice, together with a copy of his or her affidavit, to the party who has legal custody of the child or to the party with parental responsibilities as determined by a court pursuant to article 10 of title 14, C.R.S. The party with legal custody or parental responsibilities as determined by a court pursuant to article 10 of title 14, C.R.S., may file opposing affidavits. If neither party requests a hearing, the court shall enter an order granting grandchild visitation rights to the petitioning grandparent only upon a finding that the visitation is in the best interests of the child. A hearing shall be held if either party so requests or if it appears to the court that it is in the best interests of the child that a hearing be held. At the hearing, parties submitting affidavits shall be allowed an opportunity to be heard. If, at the conclusion of the hearing, the court finds it is in the best interests of the child to grant grandchild visitation rights to the petitioning grandparent, the court shall enter an order granting such rights.
No grandparent may file an affidavit seeking an order granting grandchild visitation rights more than once every two years absent a showing of good cause. If the court finds there is good cause to file more than one such affidavit, it shall allow such additional affidavit to be filed and shall consider it. The court may order reasonable attorney fees to the prevailing party. The court may not make any order restricting the movement of the child if such restriction is solely for the purpose of allowing the grandparent the opportunity to exercise his grandchild visitation rights.
The court may make an order modifying or terminating grandchild visitation rights whenever such order would serve the best interests of the child.
Any order granting or denying parenting time rights to the parent
of a child shall not affect visitation rights granted to a grandparent
pursuant to this section.
Title 19, §19-1-117
Disputes concerning grandparent visitation.
Upon a verified motion by a grandparent who has been granted
visitation or upon the court's own motion alleging that the person with
legal custody of the child with whom visitation has been granted is not
complying with a grandparent visitation order or schedule, the court shall
determine from the verified motion, and response to the motion, if any,
whether there has been or is likely to be a substantial and continuing
noncompliance with the grandparent visitation order or schedule.
Title 19, §19-1-117.5
Requests for placement - legal custody by grandparents.
Whenever a grandparent seeks the placement of his or her grandchild
in the grandparent's home or seeks the legal custody of his or her grandchild
pursuant to the provisions of this title, the court entering such order
shall consider any credible evidence of the grandparent's past conduct of child abuse
or neglect. Such evidence may include, but shall not be limited to, medical
records, school records, police reports, records of the state central registry
of child protection, and court records.
Title 19, §19-1-117.7
