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Grandparent Visitation if Children Have Different Fathers

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  • 09-09-2008, 10:01 PM
    grannywog
    Grandparent Visitation if Children Have Different Fathers
    My question involves grandparents rights in the State of: I have 3 grandsons from my daughter . We had a falling out and now she won't let me see. I'm very close to my grandsons and love & miss them very much. The boys have different fathers. Two of the boys were from one father and the other child from a different father. Two of the boys were from one father and the other child from a diffferent father. My daughter divorced both fathers. The child custody cases took place in different counties. Do have to file two different motions? One for each father and and the county where the child custody took place? I also want to know if their are any cases like mine involving grandparent visitation? I can't find any cases with grandparent visitation where the children are from two different fathers.This is in the state of Colorado.
  • 09-11-2008, 08:13 AM
    Mr. Knowitall
    Re: Grandparent Visitation if Children Have Different Fathers
    You file in the county where the child resides. You don't indicate if this is a post-divorce situation or a situation where there was never a marriage. Where your own child is denying access, the statute seems to permit grandparent action only following divorce.
    Quote:

    Quoting CRS 19-1-117. Visitation rights of grandparents.
    (1) Any grandparent of a child may, in the manner set forth in this section, seek a court order granting the grandparent reasonable grandchild visitation rights when there is or has been a child custody case or a case concerning the allocation of parental responsibilities relating to that child. Because cases arise that do not directly deal with child custody or the allocation of parental responsibilities but nonetheless have an impact on the custody of or parental responsibilities with respect to a child, for the purposes of this section, a "case concerning the allocation of parental responsibilities with respect to a child" includes any of the following, whether or not child custody was or parental responsibilities were specifically an issue:
    (a) That the marriage of the child's parents has been declared invalid or has been dissolved by a court or that a court has entered a decree of legal separation with regard to such marriage;

    (b) That 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; or

    (c) That the child's parent, who is the child of the grandparent, has died.
    (2) A party seeking a grandchild visitation order shall submit, together with his or her motion for visitation, to the district court for the district in which the child resides an affidavit setting forth facts supporting the requested order and shall give notice, together with a copy of his or her affidavit, to the party who has legal custody of the child or to the party with parental responsibilities as determined by a court pursuant to article 10 of title 14, C.R.S. The party with legal custody or parental responsibilities as determined by a court pursuant to article 10 of title 14, C.R.S., may file opposing affidavits. If neither party requests a hearing, the court shall enter an order granting grandchild visitation rights to the petitioning grandparent only upon a finding that the visitation is in the best interests of the child. A hearing shall be held if either party so requests or if it appears to the court that it is in the best interests of the child that a hearing be held. At the hearing, parties submitting affidavits shall be allowed an opportunity to be heard. If, at the conclusion of the hearing, the court finds it is in the best interests of the child to grant grandchild visitation rights to the petitioning grandparent, the court shall enter an order granting such rights.

    (3) No grandparent may file an affidavit seeking an order granting grandchild visitation rights more than once every two years absent a showing of good cause. If the court finds there is good cause to file more than one such affidavit, it shall allow such additional affidavit to be filed and shall consider it. The court may order reasonable attorney fees to the prevailing party. The court may not make any order restricting the movement of the child if such restriction is solely for the purpose of allowing the grandparent the opportunity to exercise his grandchild visitation rights.

    (4) The court may make an order modifying or terminating grandchild visitation rights whenever such order would serve the best interests of the child.

    (5) Any order granting or denying parenting time rights to the parent of a child shall not affect visitation rights granted to a grandparent pursuant to this section.

    In most cases, it's cheaper and easier to mend fences with your child than to litigate these issues.
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