Colorado recognizes grandparent visitation rights under C.R.S. § 19-1-117. The standard to obtain visitation over a parent’s objection is high, and many petitions fail. This article walks through what the statute allows, what you’ll need to prove, and how to decide whether to file.
The Legal Presumption You Need to Understand Before Filing
Before anything else, you need to understand the legal presumption that applies to grandparent visitation cases in Colorado.
In 2000, the U.S. Supreme Court decided Troxel v. Granville, establishing that fit parents have a constitutional right to make decisions about who spends time with their children. That decision governs every grandparent visitation case in Colorado.
What this means in practice:
- If a fit parent decides you should not have visitation with your grandchild, the court starts with a presumption that the parent’s decision is in the child’s best interests.
- You, as the grandparent, carry the burden of rebutting that presumption.
- The standard of proof is clear and convincing evidence, a higher bar than the preponderance of evidence standard that governs most civil cases.
- The court gives “special weight” to the parent’s decision, not equal weight.
This is not an even fight. It’s a legal structure that favors the parent by design, and it exists because the Constitution protects parental authority. Many grandparent petitions fail for this reason alone, even when the grandparent has a long and meaningful relationship with the child.
That doesn’t mean petitions are hopeless. Grandparents do prevail in Colorado courts, particularly when the circumstances strongly support the case, and the petition is carefully drafted. But going in without understanding the presumption is how grandparents lose time, money, and family relationships.
When Colorado Law Allows a Petition
Under C.R.S. § 19-1-117, a grandparent or great-grandparent can petition for visitation only when one of these triggering circumstances exists:
- The child’s parents’ marriage has been dissolved, legally separated, or annulled, or a dissolution, separation, or annulment case is pending
- Legal custody or the allocation of parental responsibilities has been given to someone other than the child’s parent
- The grandparent’s own child (the child’s parent) has died
If none of these apply, Colorado does not provide a pathway to petition. This is narrower than many grandparents assume. The statute does not allow a petition just because you disagree with how often the parents let you see the child, or because the parents limited contact after a family disagreement.
Intact families are protected. When the child lives with both parents and the marriage is not in a dissolution, separation, or annulment proceeding, Colorado courts cannot grant grandparent visitation. This is a constitutional limit, not just a statutory one.
Grandparent Visitation Is Not Grandparent Custody
These are two different legal tracks, and grandparents regularly confuse them.
Grandparent visitation under C.R.S. § 19-1-117 gives you a schedule of time with your grandchild. The parents retain full decision-making authority. You don’t get to make medical, educational, or religious decisions. You get time, under a court-ordered schedule.
Third-party allocation of parental responsibilities under C.R.S. § 14-10-123 is a custody petition. It requires a grandparent to show that the child is not in the physical care of a parent, or that the parents are unfit. The standard, the procedure, and the outcomes are different.
If you’re seeking time with your grandchild, you’re on the visitation track. If you’re seeking to raise your grandchild because the parents can’t or won’t, you’re on the third-party APR track. A consultation helps you figure out which track fits your situation, and whether either is realistic.
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How the Grandparent Visitation Petition Process Works
The procedural path for grandparent visitation in Colorado has several distinct stages.
Filing the petition and affidavit
You file a motion in the court that has jurisdiction over the relevant case (the divorce, APR, or related matter). The motion must be accompanied by an affidavit stating the facts that support your request. The affidavit isn’t optional, and a weak affidavit can result in dismissal before any hearing.
The prima facie showing
Before the court will set a full hearing, you have to make a prima facie case that visitation would be in the child’s best interests and that the presumption favoring the parent’s decision should be rebutted. If the court doesn’t think you’ve met that threshold on paper, it can deny the petition without a hearing.
The hearing
If the court sets a hearing, both sides present evidence and testimony. You’ll need to show the nature and length of your relationship with the child, any harm to the child from loss of contact, and specific reasons the parent’s decision shouldn’t be given its usual deference. The parent may present evidence of the reasons for limiting contact.
The ruling
The court can grant visitation, deny it, or grant a limited or supervised schedule. If granted, the order will specify the schedule and conditions. Supervised visitation means another adult must be present. Unsupervised visitation means you can see the child without supervision.
The once-every-two-years limit
Under the statute, you cannot file more than one petition for visitation within two years, absent good cause shown. If your first petition is denied, you’re locked out for two years before you can try again.
What Strengthens or Weakens a Grandparent Visitation Petition
Based on how Colorado courts have handled these cases, certain factors tend to strengthen or weaken a petition.
What helps:
- A long, consistent, pre-existing relationship with the grandchild
- Evidence that you played a caretaking or near-parental role at some point
- Specific, documented harm to the child from the loss of contact
- A reasonable visitation request (a few hours monthly is viewed differently than every weekend)
- Evidence that the parent’s stated reasons for denial are pretextual or retaliatory
- Triggering circumstances that are well-established, not borderline
What hurts:
- A recent or sporadic relationship with the child
- A history of conflict with the parents that the parents can document
- Requests that would substantially interfere with the parents’ schedule
- Arguments that amount to “we disagree with the parents’ decisions”
- Any evidence of attempted end-runs around the parents (showing up at school, contacting the child without permission)
- Filing while the triggering circumstance is weak or in dispute
Your attorney’s honest evaluation of these factors before you file is worth more than any courtroom argument made after.
Frequently Asked Questions About Grandparent Visitation in Colorado
Can I get grandparent visitation if the parents are happily married and living together?
No. The statute requires one of three triggering circumstances, and an intact marriage without a pending dissolution, separation, or annulment case doesn’t qualify. Constitutional protection of parental authority is strongest in this situation.
What if my adult child (the grandchild’s parent) agrees I should have visitation, but the other parent doesn’t?
This depends on your adult child’s legal authority. If both parents share decision-making, both need to agree. If your adult child has sole decision-making authority, their position carries more weight. A consultation helps you sort out where your case actually stands.
How long does a grandparent visitation case take?
It varies. If the prima facie showing is contested or the parents push back hard, cases can take many months to resolve. If the parents don’t oppose, matters can move faster.
Can I appeal if the court denies my petition?
Yes, final orders can be appealed to the Colorado Court of Appeals. Appeals are expensive, have strict deadlines, and succeed only when there’s a clear legal error. Most denied petitions are not appealed because the standard is deferential to the trial court.
What’s the difference between grandparent visitation and parenting time?
Parenting time is a term used for parents under the Allocation of Parental Responsibilities framework. Grandparents don’t get “parenting time” in that sense. They get visitation, which is a separate right under a separate statute with a separate legal standard.
Do I need an attorney to file?
You can file without one. Given how technical the prima facie showing is and how narrow the statutory pathway is, grandparents who file without counsel typically have their petitions dismissed before reaching a hearing. At a minimum, a consultation is worth the time.
Get an Honest Read on Your Grandparent Visitation Case
Whether you are weighing a petition or trying to understand if your situation even meets the statutory thresholds, CNL Law Firm can help. Our attorneys work with Colorado grandparents through every stage of a visitation matter, from the initial evaluation to the hearing, providing honest guidance on what your case actually entails. We’d rather tell you not to file than take you through a petition that was always going to fail.
Contact us today for a free consultation.
