Grandparents Raising Grandchildren

Author

Jolene L. DeVries, Attorney

Posted on

May 27, 2009

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One grandmother recently stated that she went through all the trials and tribulations if raising children just so she could have the joys of grandchildren. Little did she know at that time that she would be raising those grandchildren. The phenomenon of grandparents raising grandchildren is increasing and becoming more prominent in the legal system. Colorado law provides various legal avenues to afford grandparents rights to raise their grandchildren, make medical and educational decisions for their grandchildren, etc. The least expensive and most expeditious manner to give grandparents rights is where a parent may give a grandparent a document known as a Minor's Power of Attorney. The grandparent can use this document to seek medical attention or make educational decisions. This special power of attorney can last up to twelve (12) months and can be revoked at any time by the parent.
The other avenue for grandparents is to seek court assistance. Court intervention provides more stability for the child(ren) and grandparents than a power of attorney. There are two statutory provisions that a grandparent may use to gain rights over a grandchild. The first is the Domestic Relations statutory provisions which allocate parental responsibilities to the grandparents. The second way is through the Probate statutory provisions where a grandparent can seek guardianship over the grandchild. Both of these avenues will afford grandparents extended rights to make important decisions regarding their grandchildren without terminating the rights of the parents and which can only be changed by court order. It is some times daunting to have to raise your grandchildren, but the law provides one with many options.

Editors note: This article was submitted by Jolene L. DeVries, Attorney at Law. For further information she can be reached at 719-275-4424.

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