Divorce and child custody cases can quickly become contentious and chaotic, sometimes leading to a treacherous situation for a child who is caught in the middle. In some cases, situations of domestic violence, substance abuse, and other adverse circumstances compel a grandparent or other close relative to intervene, with the goal of removing a child from a physically or emotionally perilous environment.
In these cases, filing a motion to intervene in a child custody case is the only legal process that allows a non-parent access to court to present their request for visitation rights or temporary or permanent custody. If you’re in need of a Denver child custody attorney, reach out to our legal team today for a free consultation on your case.
When a grandparent or other close relative wishes to intercede on behalf of a child who is the subject of a custody case in Colorado, the only way forward to present their case before a judge is to file a motion to intervene. A motion to intervene is a legal petition to the court asking to become a party in an open custody case in Colorado. This gives a grandparent or other related adult access to the court proceedings as a participant in the custody case.
Foster parents in Colorado may also file motions to intervene if the child has previously resided with them in their care.
The court will not consider a motion to intervene in child custody except under limited circumstances, such as the following:
A judge will not consider a grandparent, relative, or foster parent’s motion to intervene if the child’s parents have an intact marriage or other family situation with no open child custody case.
When filing a motion to intervene in a child custody case, the petitioner must show the court that their intervention is in the child’s best interests. They must also demonstrate that their intervention in the case will not cause further harm to the child.
Under Colorado Title 14, Domestic Matter § 14-10-124, the courts must uphold the standard of making all decisions in the best interests of the child. The court begins with the general presumption that continued close contact with both parents is in a child’s best interests.
If either parent or a third party believes it is not in the child’s best interests to remain in continued close contact with both parents, they must present evidence to support their position. This includes cases of third parties, such as grandparents, relatives, or foster parents, who file motions to intervene in child custody cases.
A motion to intervene in a child custody case is complex, requiring meticulous attention to filing details and compelling evidence showing that the petitioner’s desired goal for visitation rights, shared custody, or primary custody is what is in the child’s best interest. Call Ciancio Ciancio Brown, P.C. for experienced legal representation in your case.
