Grandparent Visitation:
Grandparent rights is a nuanced area of family law. Generally, grandparents and other third parties must show the court two things in order to obtain an order approving visits:
1. Standing to petition for parenting time; and
2. Clear and convincing evidence that grandparent visits are in the best interest of the minor child.
Grandparents and other third parties may use a variety of legal tools to obtain standing in court. Grandparents automatically have standing to intervene in court cases where custody is already at issue. C.R.S. § 19-1-117 and C.R.C.P. 24. However, if a court case has never been filed involving the minor child, anyone can petition for visitation by showing 182 days of continuous physical care for the minor child. C.R.S. § 14-10-123.
It’s much easier for parents to obtain visitation with their minor children because parents merely need to show, by “preponderance of the evidence” (more likely than not), that parenting time is in the child’s best interest. C.R.S. § 14-10-124. Further, the United States Supreme Court has held that parenting time is a fundamental right guaranteed under the Constitution of the United States. Santosky v. Kramer, 455 U.S. 745 (1982). Unfortunately, the Supreme Court made the opposite determination in cases involving grandparent and third party visitation. Troxel v. Granville, 530 U.S. 57 (2000). Accordingly, grandparents must prove that visitation is in the best interest of the minor child by clear and convincing evidence.
Clear and convincing evidence is a standard that is rarely used in the law. Accordingly, the legal requirements for proving that grandparent visitation is in the best interest of the minor child are murky. Ultimately, grandparents seeking visitation need to be impressive to the court. And, grandparents should be guided by the factors in C.R.S. § 14-10-124.
Attorney James Frazier wins positive results for grandparents seeking visitation by using a variety of legal tools in and out of the courtroom. Mr. Frazier draws on his sophisticated understanding of family law and of the Colorado state courts to achieve favorable outcomes for grandparents seeking parenting time with their minor children.
Contact attorney James Frazier today at (720) 583-5529.
Grandparent rights is a nuanced area of family law. Generally, grandparents and other third parties must show the court two things in order to obtain an order approving visits:
1. Standing to petition for parenting time; and
2. Clear and convincing evidence that grandparent visits are in the best interest of the minor child.
Grandparents and other third parties may use a variety of legal tools to obtain standing in court. Grandparents automatically have standing to intervene in court cases where custody is already at issue. C.R.S. § 19-1-117 and C.R.C.P. 24. However, if a court case has never been filed involving the minor child, anyone can petition for visitation by showing 182 days of continuous physical care for the minor child. C.R.S. § 14-10-123.
It’s much easier for parents to obtain visitation with their minor children because parents merely need to show, by “preponderance of the evidence” (more likely than not), that parenting time is in the child’s best interest. C.R.S. § 14-10-124. Further, the United States Supreme Court has held that parenting time is a fundamental right guaranteed under the Constitution of the United States. Santosky v. Kramer, 455 U.S. 745 (1982). Unfortunately, the Supreme Court made the opposite determination in cases involving grandparent and third party visitation. Troxel v. Granville, 530 U.S. 57 (2000). Accordingly, grandparents must prove that visitation is in the best interest of the minor child by clear and convincing evidence.
Clear and convincing evidence is a standard that is rarely used in the law. Accordingly, the legal requirements for proving that grandparent visitation is in the best interest of the minor child are murky. Ultimately, grandparents seeking visitation need to be impressive to the court. And, grandparents should be guided by the factors in C.R.S. § 14-10-124.
Attorney James Frazier wins positive results for grandparents seeking visitation by using a variety of legal tools in and out of the courtroom. Mr. Frazier draws on his sophisticated understanding of family law and of the Colorado state courts to achieve favorable outcomes for grandparents seeking parenting time with their minor children.
Contact attorney James Frazier today at (720) 583-5529.
Frazier Legal LLC
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