Grandparent Rights in Colorado Custody Cases with Joel Pratt | Episode 93

Custody cases are frequently complex, but when the grandparents are involved, they can become even more so. Talking to us today about grandparent’s rights in Colorado custody cases is family law practitioner, attorney, and partner at Dailey & Pratt, Joel Pratt. We start the episode with a definition of what “Standing” means, and why this is crucial in allowing a grandparent’s involvement. 

Joel breaks down Troxel v. Granville, and how this impacts a grandparent’s access to a grandchild while using a hypothetical example of how Colorado case law would be applied. We find out how a dependency-neglect case overcomes the Troxel presumption, and what happens when a previously unfit parent becomes a fit parent. 

Joel also provides some insight into why he advises the light-touch approach to grandparent involvement, and how grandparents can provide a calming influence. We also discuss why family law generally gives more weight to the parents than the grandparents, and why Joel feels that grandparent’s rights in Colorado are fairly limited.

Key Points From This Episode:

• What “Standing” means, and how it applies to grandparents.
• Why standing matters, and the laws surrounding a grandparent’s roles and rights around a grandchild’s wellbeing. 
• Troxel v Granville, and how this case impacts a grandparent’s access to a grandchild. 
• A hypothetical example of how Colorado case law will be applied. 
• Understanding the underlying presumption of Troxel that a parent’s decision is presumptively in the best interest of the child. 
• A walk-through of a dependency-neglect case, and the implication for the Troxel presumption. 
• Why a family law case will generally give more weight to the parent’s constitutional rights. 
• A hypothetical case illustrating what Joel means about family law and the parent’s constitutional rights. 
• How the allocation of parental responsibilities changes if a parent who lost a dependency-neglect case becomes a fit parent. 
• The light-touch approach, and what happens when a parent and a grandparent with parental responsibilities are aligned. 
• Keeping grandparents involved as a calming influence. 
• Why Joel feels grandparents’ rights in Colorado are fairly limited.
• Some examples of grandparents having recognized rights. 
• Joel’s walk-through of grandparents’ rights and jurisdiction. 
• Eric Wolf’s situation, and what his first steps should be. 
• The dynamics Joel has experienced when working with parents and grandparents.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.