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I am sorry to hear about this situation,. Under CO 19-1-117(1)(b), if the 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, the grandparent can seek visitation.
However, this is not automatic. The grandparent has to file in court - a petition - and ask the Judge to grant visitation, which the Judge will do if they believe it is in the best interest of the child.
The length and times of visitation are at the discretion of the Court.
The petition may be filed and joined to the ongoing custody case with CPS, or be filed alone later.
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