In some instances, they may. According to §19-1-117, grandparents can petition for formal visitation under the following circumstances: the divorce, separation or annulment of the grandchildren’s parents, filing of a paternity suit, when custody of the grandchildren is assigned to a third party (not in the cases of adoption), or death of the child’s parent (who is the child of the grandparent). The process for grandparents to obtain these rights may include other legal obligations. As in all custody cases, the best interest of the children is of primary concern.