Allocation of Parental Responsibilities (Non-Parents)

Non-parents may file for an Allocation of Parental Responsibilities under three circumstances:

1. If the child is not in the physical care of the parents,

2. If the non-parent filing the case had physical care of the child for six months or more, and files the case within six months of the termination of such care or

3. If a non-parent has been granted custody or APR through a juvenile court order pursuant to CRS 19-1-104(6) CRS.

One relatively common situation where a non-parent may wish to file an APR case is when an adult child has left his or her child in the care of the grandparents (or other family member) due to financial or housing instability, substance abuse, mental health issues or incarceration. This type of case can become quickly complicated if either parent objects as there are additional findings the court must make in addition to the best interest factors when allocating parental responsibilities to a non-parent.

Grandparent visitation

In Colorado, grandparents may seek a court order granting contact and visitation rights, in the following situations:
When the marriage of the grandchild’s parents has been declared invalid or dissolved, or the court has entered a decree of legal separation, or

When the legal custody of the grandchild has been given to a party other than the parent, or the child has been placed outside of and does not reside in the home of the parent, excluding any child who has been placed for adoption or whose adoption has been legally finalized; or

When the grandchild’s parent, who is the child of the grandparent, has died.

Additional criteria must be considered in determining if a grandparent has standing to request parenting time. There may be additional options to resolve your unique situation. An attorney can help you determine if you have standing to seek a parenting time order with your grandchild.

Call Today For A Free Consultation

Our Northern Colorado family law firm offers free initial consultations to new clients. Please call us today at 970-624-6060.