Visitation Rights for Non-Parent Third Parties

Yes, in certain circumstances, and Colorado law gives non-parents a few different paths depending on what you are trying to achieve.

A power of attorney lets a parent voluntarily delegate care, medical, or school decisions to a non-parent for up to twelve months without going to court, though it cannot cover consenting to a child’s marriage or adoption. Guardianship and allocation of parental responsibilities are more formal, court-involved options for someone seeking a bigger role in a child’s life. For grandparents and great-grandparents specifically, Colorado law allows a petition for visitation, not custody, but only if the parents’ marriage has been dissolved, annulled, or legally separated, if someone other than a parent has legal custody, or if the parent who is the grandparent’s own child has died. Because courts start from a presumption that a fit parent’s decision about visitation is in the child’s best interest, the grandparent has to overcome that presumption with clear and convincing evidence. Which option fits depends heavily on your specific relationship to the child and the family’s situation.