Helping You Protect Your Rights And The Well-Being Of Those You Love
Over the past decade, Shawn H. Smith has successfully represented parents, grandparents, extended family members, friends and neighbors in custody rights matters involving children across the Fort Collins area.
There are specific and complicated rules that govern custody issues in Colorado. In many cases, a nonbiological parent who has had a child living with him or her for a period of time (six months or more) may be able to file a petition for parental responsibility (custody).
At the Law Offices of Shawn H. Smith, we assist our clients with a number of custody matters, including:
- Helping grandparents obtain visitation rights with grandchildren
- Helping nonbiological parents obtain parental responsibility (custody) of children
- Helping biological parents obtain full parental responsibility of children
- Defending biological parents in custody matters
- Assisting both mothers and fathers in defending and protecting their parental rights, including paternity actions.
Whether you are a grandparent looking to spend more time with your grandchild, a father working to obtain DNA testing to establish parenting time with your child or a family relative wishing to obtain legal custody of a child in your care, parent rights attorney Shawn H. Smith can help.
Consult us today so we can learn more about your circumstance and help you understand how Colorado laws will apply to your situation. We are determined to help you protect those you love by enforcing your parent and nonbiological parent rights.
Is someone you love being abused? If you are seeking custody of a child because you believe he or she is being abused by a parent, call the Law Offices of Shawn H. Smith right away. Attorney Shawn H. Smith can assist you with taking the most effective steps to finding a safe place for the child.
Colorado Grandparents’ And Nonbiological Relatives’ Rights FAQs
Below, we have addressed some of the most frequent questions we hear.
Under what circumstances can grandparents petition for visitation rights in Colorado?
Grandparents can seek visitation rights in Colorado under specific conditions outlined in C.R.S. § 19-1-117. Most commonly, this happens when:
- The child’s parents have divorced or legally separated
- One of the parents has died
- The child is not in the physical care of either parent
- There is already a child custody case in the court involving the child
The court does not grant visitation automatically. Grandparents must file a motion with the court and the judge will review whether the time spent with grandparents serves the child’s best interests.
What factors do Colorado courts consider when deciding whether to grant grandparents visitation or custody?
Colorado courts give strong weight to the rights of parents, so grandparents must show that their involvement benefits the child in a meaningful way. Judges often look at:
- The existing relationship between the child and the grandparent
- The physical and emotional needs of the child
- The reasons the parent is objecting to the visitation
- Any history of abuse, neglect or substance use
- Whether the grandparent has acted as a primary caregiver or has a close, supportive role in the child’s life.
For grandparents seeking child custody, the court will apply the “best interests of the child” standard more thoroughly, especially if the parents are found unfit or cannot care for the child.
Can grandparents seek emergency custody if they believe their grandchild is in immediate danger?
Yes. Suppose a grandparent believes a child is facing immediate harm, such as from abuse, neglect or unsafe living conditions. In that case, they may file for emergency custody (an emergency motion for parental responsibility). The court will require strong evidence of the threat to the child’s well-being. These cases move quickly and judges can grant temporary custody when a more detailed hearing is scheduled.
How does the process differ for grandparents versus other nonbiological relatives or friends seeking parental responsibility?
While both grandparents and other adults can petition for parental responsibilities, grandparents are given slightly more standing under Colorado law in certain family situations, such as when their own child (the parent) has passed away. However, anyone who has had actual care and control of the child for six months or more and files within six months of that care ending can potentially seek custody or visitation. Courts focus on the stability and safety of the child above all.
Contact The Law Offices of Shawn H. Smith
We invite you to contact the Law Offices of Shawn H. Smith today at 970-387-6858. Our law office hours are Monday through Friday from 8 a.m. to 5 p.m.