H.  Grandparent Intervention

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C.R.S. § 19-1-117(1) and (2) C.R.C.P. 24

Grandparents may intervene to obtain visitation rights of a child in any case involving the child’s custody or parental responsibilities. The grandparent’s motion to intervene must be accompanied by an affidavit setting forth the facts supporting the requested order and must be served on the party who has legal custody or parental responsibility.

C.R.S. § 19-1-117(2)

The court shall hold a hearing on the grandparent’s motion for visitation only if a party requests it or the court finds that such a hearing would be in the child’s best interests. The court may grant the grandparent’s motion if it finds that the visitation is in the child’s best interests.

Troxel v. Granville, 530 U.S. 57 (2000) In re Adoption of C.A., 137 P.3d 318 (Colo. 2006)

The court must give special weight to parental determinations when considering grandparent visitation petitions. Still, the court may grant grandparent visitation schedules, in appropriate cases, despite parental wishes, consistent with constitutional requirements. Although the decision of fit parents to deny grandparent visitation rights must be given deference, the grandparents may prove by clear and convincing evidence that the parental determination is not in the child’s best interests, but it would be in the child’s best interests to have grandparent visitation.

C.R.S. § 19-1-117(3)

No grandparent may file an affidavit seeking an order granting grandchild visitation rights more than once every two years.