Family Law Questions? Ask a Family Lawyer Online.
Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!
In Colorado, a grandparent may only obtain visitation rights if one of the following has occurred:
At this point, 1 doesn't apply since the parties weren't married, but the other two apply and do not seem to have occurred.
Also, the court would have to find that it's in your grandchild's best interest to have visitation with you. The court prefers to let the parents of the children make the decision as to who the child sees, so you would need to show the court that it's actively harming the child not to see you.
Grandparent cases are difficult to win because the United State Supreme Court recognized that parents have a superior right to determine who their child spends time with in Troxel v. Granville. It's unlikely that a Judge would refuse to let a mother move out of state solely so a grandparent could have visitation, unless the Grandparent's child (in this case your son) was deceased and the grandparent had stepped into the parent's role. So if your son is still alive and able to eventually see his child, your case may not be successful.
Every case is different, however, so I do suggest that you see an attorney in person who is well versed in Grandparent's Rights cases. They may be able to look at your situation in depth and give you a different answer. It will definitely depend on what you said to your daughter in law that made her feel like she couldn't trust you.
You are welcome!