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    ilaljl4ever's Avatar
    ilaljl4ever Posts: 1, Reputation: 1
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    #1

    Jan 21, 2012, 04:29 PM
    Colorado non biological child visitation law?
    I helped out a teen mother take care of her little girl. The mother of the child came in to my mothers home as a foster child. She was 6 months pregnant when she came to our home. We became very close friends. When the child was born the mother went back to school within the week of the birth and decided to take a college class to get the credits she needed to graduate when she wasn't at the high school or the college she was out at parties or out on another random date. The child was with me 24 hours a day 7 days a week. The mother and infant slept upstairs and I slept in the basement and when the infant would wake up between 2 and 3 in the morning the mother would call my cell phone for me to come upstairs and feed the child so she can get rest for school. She would leave for school in the morning and not come home until midnight, sometimes later. Eventually the infant started sleeping in my room with me. The mother graduated and then she really started to party and would lie about going out to find a job when she was really out goofin off and again the infant was left with me. There was times the mother wouldn't even come home until the next day. The father was found when the infant was 4 months old but of course he had visitation once a week at the social services building and over time the visits moved up to twice a week and then over night until finally he gets her half of the week and the mother gets her half of the week. Last year the mother was living at her partners grandparents house but the grandparents didn't know because her partner was sneaking her in and out of the house so of course the child couldn't stay at the house either. So when it was the mothers time of the week to have the child she left her with me for the week while she stayed with her partner. The child is now 4 years old and her and I have formed this amazing bond. The type of bond that she should have with her mother. There is no doubt that she loves her mother. She even at one point started calling her mom mommy and me mama however I didn't feel it was necessary for her to call me mama so I had her stop calling me that but she is still closer to me, very clingy, never wants to leave me and never wants me to leave her, just like any typical child does with the person they are closest with. Well the mother has stopped me from seeing the child twice before for her own selfish reasons but it was only for a couple weeks one time and almost 3 months the very first time she stopped me from seeing her. She has once again decided to take the child out of my life and refuses to let us see one another. It has been almost 3 months now and I can't take much more of it. That child has become my whole world. I want to fight for visitation of the child but only for maybe one over night visit a week. Just so that I don't lose complete and total contact from the child. Is there any chance at all for me to be granted that visitation in court?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jan 21, 2012, 04:36 PM
    What state are you in? In some states that have grandparent rights they have extended it to others that have a signifgant relationship with the child so there is a foundation for a lifetime.

    Is it possible yes. But there is really no way to tell until it goes through the courts.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #3

    Jan 21, 2012, 04:56 PM
    Quote Originally Posted by califdadof3 View Post
    What state are you in?
    Colorado non biological child visitation law? :):)

    Honestly I am not sure that you have rights even to file for visitation.
    In Colorado, the third party visitation statute provides for such
    visitation or parenting time rights upon the death of a parent, the divorce of the parents, or the placement of the child with a person other than the natural parents.

    In Colorado, case law has established the need to show the child is endangered in order to infringe on the custodial parent's rights.In addition, the best interest of the child standard is specifically defined in C.R.S. Section 14-10-124, which provides one safeguard against judicial abuse of discretion.



    § 14-10-123.30 This statute, unlike C.R.S. § 19-1-117, may be used to petition the court for visitation and parental rights and responsibilities. To obtain standing under the statute, 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 domestic relations statute requires a more specific set of factual circumstance, but it can enable a petitioner to obtain a full range of parental rights. The statute under the Children's Code is only for grandparents, and it can only achieve a visitation order.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 21, 2012, 05:00 PM
    I would agree, I don't see you have any rights even to file, but if you want to try you could.

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