Free INFORMATION SHEET - Colorado



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INSTRUCTIONS TO FILE FOR GRANDPARENT VISITATION These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney. GENERAL INFORMATION This information provides a guide to the forms necessary to file for grandparent visitation. A maternal or paternal grandparent of a child may seek a court order granting grandparent reasonable visitation rights when there is or has been judicial intervention into the marriage of the child's parents, a judicial placement of the child(ren) outside their family, or the death of the grandparent's child. This applies to the following cases: A Domestic Relations (DR) Case that involves a Dissolution of Marriage, Legal Separation, Allocation of Parental Responsibiliti

INSTRUCTIONS TO FILE FOR GRANDPARENT VISITATION

These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

GENERAL INFORMATION
This information provides a guide to the forms necessary to file for grandparent visitation. A maternal or paternal grandparent of a child may seek a court order granting grandparent reasonable visitation rights when there is or has been judicial intervention into the marriage of the child's parents, a judicial placement of the child(ren) outside their family, or the death of the grandparent's child. This applies to the following cases: A Domestic Relations (DR) Case that involves a Dissolution of Marriage, Legal Separation, Allocation of Parental Responsibilities or Invalidity of Marriage/Annulment. A Juvenile (JV) case that involves Allocation of Parental Responsibilities or determination of Paternity. Where the parent of the child has died. A Probate (PR) case that involves the child's parent who is the child of the grandparent seeking visitation. If the child is involved in a Juvenile (JV) case that involves Dependency and Neglect and the child has been placed outside of and does not reside in the home of the child's parent, the grandparents can seek visitation. A maternal or paternal grandparent of a child cannot seek a court order granting grandparent reasonable visitation rights under the following circumstances, since they do not have standing to request visitation: If parental rights of the child have been terminated. If the child has been placed for adoption or the adoption has been legally finalized. If the parents of the child have not participated in a Domestic Relations, Juvenile or Probate case as identified above. A Motion to Intervene must be filed pursuant to Rule 24 of the Colorado Rules of Civil Procedure. The Motion/Affidavit for Grandparent Visitation must be filed in the county where the child resides. If the original DR, JV or PR case is in a different county, you will need to file a Motion to Intervene along with a Motion for Change of Venue in the county where the original case is. Once the Court issues an Order for Change of Venue, you can file the Order along with the Motion/Affidavit for Grandparent Visitation in the county where the child resides. If Colorado does not have the original case, you may need to file in the originating court. This is the court that has child custody jurisdiction. If this situation applies to you consult an attorney to assist with the filing of the documents. No grandparent may file a Motion/Affidavit seeking an order granting visitation rights more than once every two years, without court approval. If there are matters or issues that you and the other parties cannot resolve, mediation or other forms of alternative dispute resolution may be an option. For more information, call the State Office of Dispute Resolution at (303) 837-3672 or check with your local Court to obtain information on local mediators. Review the statute on this subject matter, see 19-1-117, C.R.S. If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator. Contact information can be obtained from the following website: http://www.courts.state.co.us/chs/court/ada/coordinators.htm

COMMON TERMS
Petitioner: Co-Petitioner: Respondent: The person identified in the original Petition filed with the Court. The person identified in the original Petition filed with the Court. The person identified in the original Petition filed with the Court.

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Intervenor: Stipulation: Parental Responsibilities: Hearing Date: Mediation: Alternative Dispute Resolution: May: Shall:

A person who voluntarily interposes in an action or other proceeding with the approval of the court. A written agreement prepared by the parties. This term includes both parenting time and decision-making responsibilities regarding the children. (The term "Custody" is no longer used.) The date that the parties must appear in Court. A confidential process whereby a trained neutral third party assists disputing parties to reach their own solution. A process that allows parties to resolve their dispute without litigating the matter in Court. In legal terms, "may" is defined as "optional" or "can". In legal terms, "shall" is defined as "required".

If you do not understand this information, please contact an attorney. You may also contact the Family Court Facilitator at your local courthouse, if one is available in your Judicial District.

FEES
The filing fee for an Intervenor is $171.00 in a Domestic Relations or Juvenile Case. In some Juvenile (JV) cases (Paternity or Dependency and Neglect actions), a new file may need to be opened if the existing case is a non-public case type, however the Intervenor fee should still be charged. No filing fee is required in a Probate case. If you are unable to pay the filing fee, you must complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the Court. Once you submit the completed JDF 205 form and a blank Order (JDF 206), the Court will decide whether you need to pay the filing fee. Some Courts require mediation and may require these fees to be paid upon the filing of the case. Other fees that a party to the case may encounter are as follows: Certification Fee $20.00 Copies of Documents (Documents on File) $ .75 per page or $1.50 if double-sided Copies of Documents (Documents not on File) $ .25 per page or $.50 if double -sided

FORMS
To access a form online go to www.courts.state.co.us and click on the "Forms" tab. The packet/forms are available in PDF and WORD by selecting Domestic Modify Case Grandparent Visitation. You may complete a form online or you may print it and type or print legibly in black ink. You may need all or some of these forms. Read these instructions carefully to determine what forms you may need. JDF 1701 JDF 1702 JDF 1704 JDF 1705 Motion/Affidavit for Grandparent Visitation Order re: Motion/Affidavit for Grandparent Visitation Motion to Intervene Order to Intervene

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STEPS TO FILING YOUR CASE
Step 1: Complete Initial Forms. Selecting these instructions indicates that you plan to intervene in a case. You must identify the parties as the Petitioner or Co-Petitioner/Respondent depending on their "title/role" in the original case. You will need to identify yourself as the "Grandparent(s) Intervenor(s). The caption area needs to be completed on all forms filed. Keep a copy of each form for your own records and make a copy to provide to the other party. District Court Juvenile Court ____________________________ County, Colorado Court Address: In re: The Marriage of: Parental Responsibilities concerning: ______________________________________________ Petitioner: and Co-Petitioner/Respondent: and concerning: Grandparent(s) Intervenor(s) Attorney or Party Without Attorney (Name and Address): Phone Number: FAX Number: E-mail: Atty. Reg.#:
Name of Form

COURT USE ONLY Case Number: Division Courtroom

Motion to Intervene (JDF 1704): The purpose of this Motion, filed in pursuant to Rule 24 of the Colorado Rules of Civil Procedure, is for the parties to state why they wish to intervene in the case. Approval of the Court allows them to be added as a party to the case. Please complete all sections of this form.

Order to Intervene (JDF 1705): Complete the caption only on this form. The Magistrate or Judge will complete the rest of the Order and give you and the other party a signed copy.

Step 2:

You are Ready to File your Motion to Intervene.

Pay the filing fee of $171.00, if applicable. This Motion must be filed in the existing (JV, PR, DR) case. Provide the Court with the Motion to Intervene and the Order to Intervene. Provide the Court with a self-addressed stamped envelope to receive a copy of the Order, unless they are a mandatory e-file Court.

Step 3:

Provide a Completed Motion to Intervene to the Other Part(ies).

You must provide a copy of the Motion to Intervene to the party who has legal custody of the child or to the party with parental responsibilities as determined by the Court. Complete the Certificate of Service portion. The purpose of the Certificate of Service is to notify the Court when and how you provided copies of the Motion to all parties in the case. This is very important, because the Court must have knowledge that all parties involved are aware of the motion prior to any Court action being taken.

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Step 4:

Court Review of Motion to Intervene.

A hearing is not required. If you believe a hearing is necessary, please check with the Court to determine what their procedures are for the setting of a hearing. The Judge or Magistrate will review the Motion to Intervene and enter an Order as appropriate.

Step 5: Complete and File Motion/Affidavit for Grandparent Visitation The Motion/Affidavit for Grandparent Visitation must be filed in the county where the child resides.
If the original DR, JV or PR case is in a different county, you will need to file a Motion for Change of Venue (JDF 1323) and an Order for Change of Venue (JDF 1324) in the county where the original case is. Once the Court issues an Order for Change of Venue (JDF 1324), you can file the Order along with the Motion/Affidavit for Grandparent Visitation in the county where the child resides.

If the Court grants the Motion to Intervene, you can file the Motion/Affidavit for Grandparent Visitation.
Motion/Affidavit for Grandparent Visitation (JDF 1701): The purpose of this Motion is for the parties to state the visitation being requested. It is important to provide details, for example, including times, days or dates, means of transporting the children and any other details specific to address your visitation. Please complete all sections of this form.

Order Re: Motion/Affidavit for Grandparent Visitation (JDF 1702): Complete the caption only on this form. Provide the Court with the appropriate number of copies you would like. If you want any of the copies to be certified, you will need to provide the Court with $20.00 per certified copy. The Magistrate or Judge will complete the rest of the Order and give you and the other party a signed copy.

Step 6:

Provide a Completed Motion/Affidavit to the Other Part(ies).

You must provide a copy of the Motion/Affidavit for Grandparent Visitation to the party who has legal custody of the child or the party with parental responsibilities as determined by the Court. Complete the Certificate of Service portion. The purpose of the Certificate of Service is to notify the Court when and how you provided copies of the Motion to all parties in the case. This is very important, because the Court must have knowledge that all parties involved are aware of the Motion prior to any Court action being taken. You will receive a signed copy of the Order Re: Motion/Affidavit for Grandparent Visitation.

Step 7:

Court Review of Motion/Affidavit for Grandparent Visitation.

A hearing shall be held if either party requests a hearing or if the Court determines that a hearing is in the best interests of the child. If you believe a hearing is necessary, please check with the Court to determine what their procedures are for the setting of a hearing. The Judge or Magistrate will review the Motion/Affidavit for Grandparent Visitation and enter an Order as appropriate.

If your visitation has been ordered and it is not being granted by the custodian, you have certain rights of enforcement, pursuant to 19-1-117.5, C.R.S.

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File Size: 50.6 kB
Pages: 4
Date: February 11, 2009
File Format: PDF
State: Colorado
Category: Court Forms - State
Author: Denver District Court
Word Count: 1,992 Words, 12,004 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.courts.state.co.us/Forms/PDF/JDF%201700%20Instructions%20to%20File%20for%20Grandparent%20Visitation.pdf