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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102374
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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When both parents cannot be found and the grandmother's

Customer Question

When both parents cannot be found and the grandmother's health limits full responsibility for a child of 14 years, can the state cease all rights from said grandmother who is the only family member still involved with the child? I need help making sure my granddaughter is allowed to see me on a regular basis by order of the court. These people want to adopt her and social services is pushing this thru even though I have stressed against it. Please, I am on social security, by myself, and will do anything to get some help. Thank you.
Sally ****** *** *** ****
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

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.

Good luck.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!