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AttorneyTom, Lawyer
Category: Family Law
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what are my rights as a grandparent for visitation in the following

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what are my rights as a grandparent for visitation in the following circumstance --the father has taken the children from the mother for period of 6 weeks , without benefit of any custody orders as divorce proceedings were refiled. the father is on 18 moths probation for a deferred sentence for domestic violence. the mother, our daughter had court-ordered custody for the previous nine months with all financial support provided by myself and my wife. need I file a court order for visitation under these circumstances in the syaye of Colorado?
Submitted: 5 years ago.
Category: Family Law
Expert:  AttorneyTom replied 5 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
Yes. If you want to obtain visitation rights, you will need to petition the court for grandparents' visitation. Grandparents do not automatically have rights to visit with their grandchildren and, until and unless a court order establishes visitation rights, they are at the mercy of the parents. If the parents don't dispute the petition, the court will generally award visitation. Otherwise, the court will review the matter according to the best interests of the child. The relevant Colorado Statute is C.R.S. 19-1-117.
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