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Grandparent Family Time in Colorado After a Parent Dies

The death of a parent opens the door to ask. It does not lower the bar, because the surviving parent’s decision is presumed to serve the child.

When a parent dies, their parents often lose contact with a grandchild at the same time they are grieving a child. Colorado gives grandparents and great-grandparents a way to ask a court for time in that situation.

The law changed in 2023. What used to be grandparent visitation is now grandparent family time, and the statute moved out of the Children’s Code into the domestic matters article. Older guides that cite the repealed section are describing the right rules under the wrong number.

This page covers the death-of-a-parent situation specifically, including what happens when the surviving parent objects and what changes when both parents have died.

When Can You Ask?

Colorado does not let a grandparent petition simply because contact has stopped. The statute lists the circumstances that open the door, and the death of a parent is one of them on its own.1 It reaches the case where the child’s parent, who is the child of the grandparent or grandchild of the great-grandparent, has died.

The sections that used to hold these rules were repealed in 2023 and relocated.2 The term visitation was replaced with family time, defined as any form of contact or engagement for the purposes of preserving and strengthening family ties.

One definition catches people out. If your own child’s parental rights were terminated, you do not meet the statutory definition of a grandparent for this purpose.

The procedure is specific. You file a petition in the district court for the district where the child lives, together with an affidavit setting out the supporting facts. Both go to each party in the parental responsibilities proceeding.

The other side may file opposing affidavits. A hearing must be held if either party asks for one, or if the court finds a hearing serves the child. Where no prior case exists, which Colorado child custody case to file in is worth asking an attorney, because the death itself is the qualifying circumstance.

Two other limits matter before you file. A grandparent may not file a petition for family time more than once every two years absent a showing of good cause. The court may also order reasonable attorney fees to the prevailing party.

The court may also appoint a legal representative for the child in these proceedings. That is worth knowing, because it means a third voice may end up describing the relationship to the judge.

The Surviving Parent’s Decision Gets the First Presumption

This is the part grandparents are least prepared for. A fit parent is presumed to act in the child’s best interests, and that presumption is constitutional rather than a matter of local practice.3 The statute carries it directly into grandparent family time cases.

A death does not soften it. The surviving parent is still a fit parent making a decision about their own child, and losing the other parent does not shift the starting point in your favor.

That is hard to hear while grieving, and it is better heard now than at a hearing. It also explains why these cases turn on evidence rather than on the strength of the family bond you are describing.

What You Actually Have to Prove

The statute states the test directly. The court presumes the parental determination about grandparent family time is in the child’s best interests. A grandparent overcomes that presumption only by clear and convincing evidence that the family time is in the child’s best interests.

That is a higher standard than the preponderance used in most family law questions, and the burden stays with you throughout.

The Colorado Supreme Court set out the framework behind that language as three steps. The middle step, which the codified text does not restate, is rebutting the presumption by clear and convincing evidence that the parental determination is not in the child’s best interests.4 A court granting family time must make findings identifying the special factors it relied on.

Where two people hold parental authority and disagree, one parent’s support does not cancel the other’s opposition. The Court of Appeals has held that the grandparent must overcome the opposing parent’s presumption.5 That case was decided under the repealed section, though the standard it applied is the one now codified.

Lost contact with a grandchild after your child died?

The death gives you standing to ask, and the two-year limit means timing matters. Schedule a free consultation with Johnson Law Group and we will tell you whether you qualify and what your evidence would need to show.

Colorado Does Not Require You to Show Harm

A lot of grandparent rights material says you must prove the child will be harmed without contact. That is the rule in a number of states, and it is not the rule here.

Colorado runs on the parental presumption and the clear and convincing standard described above. There is no separate harm or detriment threshold in the statute or in the standard the Colorado Supreme Court set.

Colorado appellate courts have also held the burden cannot be framed so that the parent must prove the family time would adversely affect the child. The question runs the other way, and it runs on best interests rather than damage.

The distinction matters in both directions. It means a qualifying grandparent is not facing an impossible test, and it means the real work is evidence about the child rather than a claim of damage.

What Evidence Actually Helps

The court weighs the same best interests factors that govern other parenting decisions.6 That is where a real relationship shows up, and where a general sense of family loyalty does not.

Specific history carries weight. Regular overnights, school pickups, holidays hosted, medical appointments attended, and years of routine caregiving are concrete and provable in a way that affection alone is not.

Records help more than recollection. Photographs with dates, messages, school and activity records listing you as a contact, and third parties who can describe the relationship all give a court something to work with.

The child’s adjustment matters too. Where a grandparent was part of the child’s daily world before the death, continuity of that world is the argument, rather than the grandparent’s own loss.

If You Are Not a Grandparent

This statute covers grandparents and great-grandparents only. A non-relative caregiver, a stepparent, or another relative outside that definition has a different route, which is a petition for allocation of parental responsibilities with its own standing requirements.7 A separate section also addresses requests for parental responsibility by grandparents specifically.

Those routes ask for decision-making authority and a parenting schedule rather than contact. They are a bigger request, and they are judged differently.

If you are not sure which category you fall into, that is the first question to settle. Filing the wrong request costs time you may not have.

When Both Parents Have Died

If both parents have died, there are two different questions, and which one you are asking decides everything else.

A grandparent who wants to raise the child is asking about guardianship. A grandparent who wants contact with a grandchild being raised by someone else can still petition for family time, because the death of your own child remains a qualifying circumstance.

Nothing in the statute removes that basis because the other parent also died. That is worth knowing if your grandchild is now being raised by the other side of the family.

For the guardianship route, a court may appoint a guardian for a minor where no parent with parental rights survives, or where those rights have been suspended or terminated.8 The appointment has to serve the child’s best interests, and a parent can also nominate a guardian in a will or another signed writing.

A guardian can make decisions about school, medical care, and where the child lives, which is authority a family time order does not carry. Colorado guardianship sets out who can petition and what a court weighs before appointing one.

A grandparent who wants to raise a grandchild is usually asking about guardianship, even when they use the word custody. Naming the right request early saves a filing.

Frequently Asked Questions

Can I ask for time with my grandchild if my child died?

Yes. The death of the parent who was your child is one of the circumstances that lets a grandparent or great-grandparent petition. You do not need a prior custody case to have happened first, and the request is filed in the district court where the child lives.

Does the surviving parent get to decide?

Their decision starts with a presumption in its favor, but it is not the last word. A fit parent is presumed to act in the child’s best interests, and you can overcome that presumption only by clear and convincing evidence. Losing the other parent does not lower that bar.

Do I have to prove my grandchild will be harmed without me?

No. Colorado does not impose a harm or detriment requirement. The test is the presumption in favor of the parent’s determination, and clear and convincing evidence that the family time you are asking for serves the child’s best interests.

How often can I file?

You may not file a petition for family time more than once every two years, absent a showing of good cause. That makes timing and preparation matter, because a weak first attempt can cost you the next two years. The court may also order reasonable attorney fees to the prevailing party.

What if both of my grandchild’s parents have died?

It depends what you are asking for. If you want to raise the child, the question is usually guardianship, because someone needs legal authority to make decisions. If you want contact with a grandchild being raised by someone else, you can still petition for family time, because the death of your own child remains a qualifying circumstance.

Talk With a Colorado Family Law Attorney

These cases are decided on records and specifics, at a point when families are least able to assemble them. The grandparents who do best are the ones who start gathering evidence before they file rather than after.

Johnson Law Group handles grandparent family time and guardianship matters across the state, and you can learn more about our approach on our Colorado family law page. You can find our offices in Denver, Colorado Springs, Commerce City, Englewood, and Fort Collins. You can also read about the background and experience of the attorneys on our team.

Schedule a free consultation and we will help you work out which request fits your situation.

Sources

[1] C.R.S. § 14-10-124.4 – family time for grandparents or great-grandparents; definitions, qualifying circumstances, the affidavit procedure, the parental presumption, the clear and convincing standard, and the two-year filing limit | https://colorado.public.law/statutes/crs_14-10-124.4
[2] HB23-1026 (2023), Grandparents’ Rights, 2023 Colo. Sess. Laws ch. 243 – relocated sections 19-1-117 and 19-1-117.5 to sections 14-10-124.4 and 14-10-124.5 and repealed the originals, effective August 7, 2023 | https://content.leg.colorado.gov/sites/default/files/2023a_1026_signed.pdf
[3] Troxel v. Granville, 530 U.S. 57 (2000) – the constitutional presumption that a fit parent acts in the child’s best interests | https://supreme.justia.com/cases/federal/us/530/57/
[4] In re Adoption of C.A., 137 P.3d 318 (Colo. 2006) – the three-part standard and the special-factors findings requirement, as reproduced in the annotations | https://law.justia.com/codes/colorado/title-14/dissolution-of-marriage-parental-responsibilities/article-10/section-14-10-124-4/
[5] In re O’Connor, 2023 COA 35, 533 P.3d 226 – decided under the repealed section 19-1-117; where one fit parent supports and the other opposes, the grandparent must overcome the opposing parent’s presumption | https://law.justia.com/codes/colorado/title-14/dissolution-of-marriage-parental-responsibilities/article-10/section-14-10-124-4/
[6] C.R.S. § 14-10-124 – best interests factors, which section 14-10-124.4(4) directs the court to consider | https://colorado.public.law/statutes/crs_14-10-124
[7] C.R.S. § 14-10-123 – commencement of proceedings concerning allocation of parental responsibilities, and C.R.S. § 14-10-123.3, requests for parental responsibility for a child by grandparents | https://colorado.public.law/statutes/crs_14-10-123
[8] C.R.S. § 15-14-204 – judicial appointment of a guardian of a minor, conditions for appointment | https://colorado.public.law/statutes/crs_15-14-204

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