Grandparents or any third party may seek custody or allocation of parental responsibilities (APR), pursuant to C.R.S. § 14-10-123.30. However, in order to seek APR under this statute one of these two conditions must be met; either, the child must not be in the physical care of the parent, or the non-parent must have had physical care of the child for six months or longer, and the petition must be filed within six months of the termination of the non-parent’s physical care of the child. The statute requires the non-parent to give notice to the child’s parent, guardian, or person allocated parental responsibilities, who may appear and be heard on the petition for allocation of parental responsibilities.
The court will apply the best interests of the child test just like in any other allocation of parental responsibilities case, however, keep in mind that the rights of the natural parents to parent their children are still important here, even if the child is not currently living with them. Thus, these can become complicated cases. If you are interested in filing for custody of a child under this statute please contact our office and schedule a consultation to discuss your options with one of Smith & Shellenberger, LLC experienced attorneys.