Legal Question in Family Law in Colorado

Re: Custodial Rights of Grandmother

Portions of the statutes most relevant to your case are:

14-10-123. Commencement of proceedings concerning allocation of parental responsibilities - jurisdiction.

(1) A proceeding concerning the allocation of parental responsibilities is commenced in the district court or as otherwise provided by law:

. . .

(b) By a person other than a parent, by filing a petition seeking the allocation of parental responsibilities for the child in the county where the child is permanently resident or where the child is found, but only if the child is not in the physical care of one of the child's parents;

. . .

14-10-124. Best interests of child.

. . .

(1.5) Allocation of parental responsibilities. The court shall determine the allocation of parental responsibilities, including parenting time and decision-making responsibilities, in accordance with the best interests of the child giving paramount consideration to the physical, mental, and emotional conditions and needs of the child as follows:

. . .

(b) Allocation of decision-making responsibility. The court, . . . shall allocate the decision-making responsibilities between the parties based upon the best interests of the child. . . . In determining the best interests of the child for purposes of allocating decision-making responsibilities, the court shall consider, . . .:

(I) Credible evidence of the ability of the parties to cooperate and to make decisions jointly;

(II) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child;

(III) Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties;

. . .

(8) The court may order mediation, pursuant to section 13-22-311, C.R.S., to assist the parties in formulating or modifying a parenting plan or in implementing a parenting plan specified in subsection (7) of this section and may allocate the cost of said mediation between the parties.

Whether you are able to obtain custody will depend on the court's determination as to what is in the child's best interest. As you can see from the statutes, this can be a fairly involved analysis. Grandparents are often able to obtain custody--I have had a number of such cases. Becuase of the complexity of the issue, it is usually useful to use an attorney.

We offer a 45-minute consultation for $150, during which we can look at your case more closely. If this would be useful, please contact Katie at [email protected] or (303) 299-9484. I hope we can be of service.

Jack Harding