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Curry prevails in Grandparents’ rights matter

On Behalf of | Sep 4, 2014 | Family Law News

We are pleased to announce that Jill Curry recently prevailed in a domestic matter involving grandparent rights in the Alamosa County District Court. Ms. Curry’s client was the maternal grandmother of a young boy, and had historically been a huge part of his life. Unfortunately due to a falling out with her daughter, she had been denied any contact with her grandson for over a year before she came to see Ms. Curry. Convincing a Court in Colorado to order grandparent visitation has become particularly difficult since the United States Supreme Court decision in Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000). The Troxell Court essentially created a presumption in favor of the biological parents’ decision allowing or disallowing grandparents contact with their grandchildren. This presumption can be only rebutted through “clear and convincing evidence” presented by the grandparent seeking visitation that such visitation is in the child’s best interests. Colorado Courts are generally very hesitant to usurp the authority of the biological parents. However, with Ms. Curry’s thoughtful approach to the matter and careful attention to the evidentiary burden, the burden was met and the Court awarded her client monthly visitation with her grandson. Her client received an early birthday present this year when she spent the day before with her grandson for the first time in over a year. We are proud of Jill and her continued dedication to fighting for those who may not know how to fight for themselves in these types of situations.