Can we return our grandchildren to their parents after five years?

Full question:

My husband and myself gained parental rights and parental allocation for our 3 grandchildren 5 years ago. We are in control of the visitations, and have just now started getting child support from the parents. My question is two fold, First-the parents are under the impression that since social services is not in the picture any more that we can just give them back the children, and how do they get information to prove this is not correct? 2nd, how likely is a court to return the children to the parents if it has been this long since they have been part of their lives?

• Category: Courts
• Date: 04/07/2025
• State: Colorado

Answer:

The relevant Colorado statute is 14-10-131, which addresses custody modifications. According to this law, if a custody decree has been issued, a motion to modify it cannot be filed within two years unless the court finds evidence that continuing the current arrangement could harm the child's physical health or emotional development.

The court will not change custody unless there is proof of a significant change in circumstances for the child or the custodians, and that the change serves the child's best interests. The court typically maintains the existing custody arrangement unless:

• The parties agree to the change.
• The child has been integrated into the petitioner's family with the other party's consent.
• There has been a change in the parenting time order that justifies a modification.
• A party has consistently allowed the other to make decisions for the child.
• Maintaining the current arrangement would endanger the child's well-being.

In your case, the parents cannot simply reclaim the children without going through the court process. It is advisable for them to seek legal guidance to understand their rights and the necessary steps for any potential modification.