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Question

My granddaughter was taken from my daughter in 2002 and placed with a foster parent. I fought to get custody but lost. The foster parent adopted her and was letting me see her until 1 year ago when she said I could never see her again until she grew up if she wanted to see me then. I wanted to know how to go about taking her to court to get visitation. I live in Las Vegas, so I would have to do as much of the paperwork as I can over the internet. Thanks for your time.    Linda Chapman

Submitted: 283 days and 3 hours ago.
Category: Family Law
Value: $15
Status: CLOSED
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Optional Information

Fort Collins, Colorado

Already Tried:
I sent the parent a registered letter asking her to please try to work something out with me or I was going to take her to court. She has moved and the only way I can get in contact with her is where she works.

Posted by Law Pro 283 days and 3 hours ago.

Info Request

What state does the child live in now?

283 days and 3 hours ago.

Reply

Colorado

Posted by Law Pro 283 days and 3 hours ago.

Answer

Under C.R.S. 19-1-117, a grandparent can petition a Colorado family law court for reasonable grandchild visitation rights in the following situations:

  1. The grandchild's parents have obtained a dissolution, annulment, or legal separation,
  2. The child has been placed into the legal custody of someone other than a parent, or
  3. The child's parent, who is the child of the grandparent seeking visitation, has died.

There is no automatic right to grandparent visitation - the Colorado family law court must find that it is in the best interests of the child to have grandparent visitation. And, once granted, Colorado grandparent visitation may be modified or terminated if it is in the best interests of the child.

 

Finally, Colorado grandparent rights and visitation are terminated by the child's adoption, or termination of the parental rights of the child's parent who is the child of the grandparent.

 

Therefore, as the child has been adopted by the once fosterparent - you have no rights as to custody and/or visitation.

 

Sorry.

 

283 days and 2 hours ago.

Reply

So I'm not even allowed to go to court and ask at all????

Posted by Law Pro 283 days and 2 hours ago.

Answer

You can file a petition - but the petiton will denied immediately because pursuant to statute you have no rights.

 

Sorry.

283 days and 2 hours ago.

Reply

I don't see how that can even be legal. I never did anything wrong. Even when we were in court, the Judge, psychologists and county social workers all agreed it would be in her best interest to keep a relationship with me.

Accepted Answer

That would be in violation of the statute and a violation of the parental rights of the new parent(s).

 

Sorry - but that's what the law is. They cannot even entertain your petition as granting your request would be in complete contravention of the statute.

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Expert: Law Pro
Pos. Feedback: 99.2 %
Accepts: 
Answered: 2/12/2009

Lawyer

19 years practicing family law from divorce, custody, support, alimony to equitable distribution

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