Legal Question in Family Law in Colorado

Protecting a Child

My boyfriend has a 4 yr old son, whose mother passed away from cancer last yr, he has lived with us since & prior to coming to CA he lived in CO with his mothers parents. Since he has been here, his grandparents have come (they visit separately) almost every month from anywhere from a week to three weeks and its getting to be a bit disruptive. What bothers me is that the child is highly affected by it, they tell him things and show him things that are not appropriate for him. I have since called them & expressed these things to them & that for now we dont want any more company. I have a feeling they are up to something, like filing for custody(which they tried to do before his mom passed). I guess i just wanted to know our(my boyfriends) rights & if there is anything we should do now, or could do now that would protect him from going through anything more than he has already been through. He is a generally happy child, even through what he has been through, he has adapted well. At times they will call up to five times a day and my boyfriend and i, are to a point where we cant take it anymore. Any help you could offer would be great.

Asked on 4/18/03, 4:05 pm

3 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Protecting a Child

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific this, at once. The issues involved are too complicated and dynamic to try to do it yourself.

If you haven't already done so, please visit my

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The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).


If neither of the parents nor the child live in CO, the child's father can have jurisdiction transfered to CA. Grand-parents' rights are quite limited; however, when the grand-parents' child (the child's parent) is deceased, the grand-parents may be able to get certain rights to visitation. Your boy friend should contact an experienced Family Law attorney in the county where he lives for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 4/24/03, 1:26 pm

Re: Protecting a Child

Grandparent rights are very limited. As long as they have access to the child there is little that a court should do, and the parent controls the amount of access. If that access is harmful, then there can be no access. It is there burden to establish the need for a court order. It would be near impossible for the court to award them custody, absent abuse or neglect. Get a consultation which is in depth with a child custody attorney who has handled grandparent visitation/custody. Give him all of the details and get his advice and guidelines. You will probably sleep much better when you know what your rights and obligations are to the grandparentss. Good Luck, Pat McCrary

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Answered on 4/21/03, 10:17 am
Marc Kaplan Marc J. Kaplan, Attorney at Law, LLC

Re: Protecting a Child

Since the child is in California, the rights of the Grandparents would be decided in California, unless there has already been a custody order in Colorado. I suggest you consult a California lawyer.

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Answered on 4/21/03, 12:47 pm

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