Adoption does not automatically cut off the visitation rights of grandparents.
Colorado restricts grandparents from suing for visitation if the child lives in an intact family.
If a child lived with a grandparent for six months or more, if a grandparent was the primary caregiver for six months or more or if the grandparent had frequent or regular contact with the child for 12 months or more, then a grandparent’s relationship with a child can be considered “significant and viable.Furthermore, the grandparent must demonstrate “love, affection and guidance” for the child, that a lack of visitation would prove harmful to a child and a willingness to cooperate with the parent or guardian who has custody in order to show that visitation is in the best interest of the child.Every statute requires courts to consider the best interests of the child before awarding custody or visitation to grandparents.Courts in a number of states have ruled that statutes providing for grandparent visitation violate either the federal or the respective state constitutions.The provisions of these statutes are included below.
However, if a state supreme court or the United States Supreme Court has determined that the visitation statute is unconstitutional, the provisions are not included below.
If the grandparents has “regular and frequent” contact with a child for at least 12 months and has a “strong and meaningful” relationship with their grandchild, they can also sue for visitation.
In order to win visitation rights, grandparents must show that visitation is in fact in the best interest of the child, with “clear and convincing evidence.” Alaska offers two routes to grandparent separation; asking to join a custody case or or suing for visitation on your own.
Determination of grandparent visitation rights must be made in an action for divorce, legal separation, or child placement action, or when both parents have died.
In order to grant visitation, grandparents must present the court with clear and convincing evidence showing that visitation with the grandparents is in the child’s best interest, the grandparent has had ongoing contact or has tried to have ongoing contact with the child, and that the parents limiting the grandparent’s visitation is harmful to the child.
Also see: Your guide to grandparent rights State Provisions for Custody and Visitation Grandparents should check a number of provisions in the statutes in their respective states to determine the conditions for visitation, the factors a court must consider to order visitation, and the proper venue to file a request for visitation.