There is no doubt that grandparents can be very important people in a child's life. Children sometimes form very powerful bonds with their grandparents due to their ability to provide a unique perspective on the world.
However, when the parents of the child divorce, one of the parents is typically granted custody of the child. This might jeopardize the ability of the grandparents on the non-custodial side (or sometimes even on the custodial side) to frequently visit the child and maintain the relationship they have with their grandchildren.
Also, in the unfortunate event that one of the child's parents passes away, there is a danger that the child might lose all contact with the family of the deceased parent. In this case, the grandparents may feel that they have a duty to keep the child in contact with their side of the family. This has brought about cases where grandparents try to get legal permission to visit their grandchildren. Unfortunately, different states have different views on this matter and some even feel that the custodial parent, if he or she is in good health, has the right to determine with whom the minor child interacts. This view was clearly propounded by the United States Supreme Court in the year 2000 in the famous Troxel v. Granville case.
Legal Rights for Grandparents in Colorado
The above case notwithstanding, several states allow the grandparents to seek legal visitation rights. However, there is no guarantee that these rights will be granted. It all depends on the circumstances of the individual case. You need an attorney who can make convincing arguments to the Court to show that such visitation rights are in the best interests of the child, which will then maximize the chances of the grandparents to obtain these rights.
At Clawson & Clawson, LLP, our Colorado Springs divorce attorneys know the "ins and outs" of the various state laws and have the ability to carefully prepare a convincing case that will get you the visitation rights with your grandchild that you deserve. In order to be successful, the grandparents' attorney needs to convince the court that such visitation rights are in the best interests of the child. In order to do this, it must be proved that the grandparents have been close to the child, have formed a special bond over a period of time, and that the severing of these bonds will lead to a depletion of the quality of the child's emotional life.
In most cases, if the child is of the age to make this decision, the Court will also solicit his or her wishes in the matter and take them into consideration. Generally, the age of the grandparents will not play a role in the decision making process.
Hiring the Right Colorado Springs Divorce Attorney
Grandparents' rights are an extremely complex issue varying greatly from state to state and depending heavily on the ability of the grandparents to produce convincing arguments. Our attorneys at Clawson & Clawson, LLP have exactly this skill and can be the advocate for the grandparents in these situations. Contact a divorce lawyer at our firm to get started on your case now and obtain the rights to visit your grandchildren.