How to File for Grandparents’ Rights in Colorado

There are many reasons why a grandparent may be seeking the right to see a grandchild. Perhaps you are in a situation where you are estranged from your child but would like to have a relationship with your grandchild. Or perhaps your child has recently gone through a divorce and you would like the right to see your grandchild more often.

If you have a grandchild and are wondering how to file for grandparents’ rights in Colorado, Johnson Law Group can help. Colorado law provides several options where grandparents can seek time with a grandchild, now called grandparent family time, and even custody of a grandchild.

Grandparent Rights Generally

Grandparents do have rights in the state of Colorado, but they are specific and limited, and they sit within the broader framework of Colorado child custody laws. In certain situations, grandparents have the right to request family time and even custody. These rights are not automatic, so it helps to know the requirements and the process before you file.

Whether you can ask at all depends on the procedural posture of the case as well as the child’s circumstances. The governing statute moved in 2023 from the Children’s Code into the domestic relations article, and what used to be called grandparent visitation is now grandparent family time.

The court decides under a best-interests standard that starts on the parents’ side. The parents’ decision about grandparent time is presumed to be in the child’s best interests.¹ You can overcome that presumption only with clear and convincing evidence that the time you are asking for serves the child.

What helps a grandparent’s position is evidence of the actual relationship: how often you saw the child, what caregiving you provided, and what the child’s routine with you looked like. Records and dates carry more weight than general statements of closeness. The court weighs the same best-interests factors used in parenting cases, so the child’s adjustment, wishes, and relationships all count.

If you have questions regarding how to file for grandparents’ rights in Colorado, or your specific situation, our experienced family law attorneys at Johnson Law Group can help.

Grandparent Family Time (Formerly Visitation)

Grandparent family time in Colorado is governed by C.R.S. § 14-10-124.4, which replaced the repealed § 19-1-117. You are entitled to ask for family time when one of the following qualifying situations applies:²

• The parents of the child have obtained a divorce or are legally separated or had an annulment. A court decree is what counts, so an informal separation does not qualify on its own.
• There is a child custody or paternity issue where parental responsibilities have been given or allocated to a party outside of the child’s parents. A child placed outside a parent’s home, other than for adoption, also counts.
• The child’s parent, who was your son or daughter, has died. That death qualifies on its own, and grandparent family time after a parent dies still starts from the surviving parent’s presumption.

For the first two situations, there must be a pending case affecting parental rights or a past case, even one that has already concluded.

There are certain situations where you cannot ask a court for family time. For example, if your own child’s parental rights have been terminated, or the child has been placed for adoption or adopted, you cannot ask.

Requirement of a Prior Custody Case

You may not ask for family time alone without parental rights coming into question. Outside the death of your own child, there must be a current or past case in which the child’s parental responsibilities were at issue. Additional situations where you may not seek family time include:

• Simply living apart from the grandchild or not being allowed to see your grandchild
• Being estranged from your children, which is preventing you from seeing your grandchildren
• The child’s parents live apart without a legal separation decree or a parental responsibilities order
• The child’s parents never married and no court has ever allocated parental responsibilities
• Concerns about a parent’s drug use, if no court case has been opened

Filing and Forms

You will want any family time request to be complete and correctly filed. The petition and a supporting affidavit go to the district court for the district where the child lives. Notice, with a copy of your affidavit, goes to each party in the parental responsibilities case.

The Colorado Judicial Branch packet starts with the instructions in JDF 1700. It includes a verified pleading affidavit, JDF 1701, which you sign before a notary or court clerk, along with a proposed order and a motion and order to intervene. You cannot file a new request more than once every two years unless the court finds good cause.³

There are fees associated with filing these forms, although if you are unable to afford them, you may also file a motion to file without payment.

There is no fixed timeline. An agreement with the parents can resolve things in weeks, mediation usually takes a few sessions, and a contested hearing can take several months or longer.

Not sure whether your situation qualifies, or whether to file now or wait? Johnson Law Group offers a no-pressure consultation to review your facts and the two-year limit with you, so schedule a consultation before you file.

Orders of the Court

If a judge decides to grant you a request for grandparent family time, it becomes an enforceable order of the court. The amount of time ordered will depend on the decision made by the judge. Orders vary, and examples include:

• One weekend a month
• Every other weekend
• Vacation time or time away from school

If a parent does not follow the order, you can file a verified motion asking the court to enforce it. The court can deny the motion, set a hearing, or send you both to mediation and require a report back within 60 days.⁴

If the court finds a violation, it can add terms, modify the order, or require the parent to post bond. It can also order makeup family time within one year, award expenses including attorney fees, or impose a fine or jail for contempt.

Because the court’s role is to look out for the child, it can also modify or end family time later if that serves the child.

Custody Rights

Sometimes, a parent is unfit to care for a child and a grandparent needs to step in for parental responsibility. Depending on the situation, this may run through the Colorado guardianship process rather than a custody order. There are two ways in which a grandparent may obtain custody in Colorado:

• In a dependency and neglect case, the court must prefer a capable and willing relative, such as a grandparent, when a child is removed from home. Since June 1, 2026, that placement is presumed to serve the child’s best interests, and the presumption can be rebutted by a preponderance of the evidence.⁵ The court must also find that no suitable parent is available, so an available parent still comes first.
• Under the domestic relations statute, a grandparent can petition for an allocation of parental responsibilities if the child is not in either parent’s physical care. A grandparent who has had physical care of the child for 182 days or more can also file, within 182 days after that care ends.⁶

Custody is not granted automatically simply because you are a grandparent. A court will decide whether you are a suitable caregiver for the child. It may consider your history, including any neglect or abuse, before placing the child with you full-time.

Contact an Experienced Family Law Attorney Today

If you are unsure whether you have standing, start with what you are asking for: time with a grandchild, or the right to raise one. Johnson Law Group works with grandparents across Colorado on both.

The attorneys at Johnson Law Group will give you a clear read on whether you qualify and what your evidence needs to show. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

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