Modifying visitation decrees

Because divorces and legal separations can be so difficult on families, and because situations can change or improve over time, Colorado law allows parents to petition the court for modifications to visitation and custody decrees. For example, if you were not initially able to financially support your children half-time, but your job circumstances improve, you may want to petition the court for more time with your children. Additionally, a child may need to spend more or less time with one parent because of his or her school or sports schedule.

The family law court will consider modifications to custody and visitation decrees, but it’s important to note that you must have a compelling reason for doing so. For most changes to be granted, the court must believe that it is in the best interest of the children, not the parents, to make the change. If you’re considering a change to an existing agreement, reach out to your attorney to learn more about the process and discuss whether your circumstances are a compelling reason for modification.

What are my rights as a grandparent?

Grandparents often share a very special bond with their grandchildren, but Colorado law does not automatically provide visitation rights for grandparents who’s grandchildren who’s parents have gone through divorce or separation.

Under state law, a grandparent can ask a family law court for reasonable grandchild visitation rights in the following situations if the grandchild’s parents have obtained a divorce; the child is in custody of someone other than a parent; or if the child's parent, who is the child of the grandparent seeking visitation, has died.

The family law court is under no obligation to issue visitation, but may do so if it thinks visitation is in the best interest of the grandchild.

If visitation is granted, it is subject to the same rules and modifications that parental visitation is.

And note that state law terminates grandparent rights and visitation if the grandchild is adopted, or if the parental rights of the child's parent who is the child of the grandparent are terminated.