Colorado grandparents can petition for court-ordered visitation, now called "grandparent family time," only after a custody or divorce case exists and only by proving, with clear and convincing evidence, that the contact serves the child's best interests. The governing statute is Colo. Rev. Stat. § 14-10-124.4, and the petition filing fee runs about $230 plus a $12 e-filing charge as of 2026.
Grandparent visitation rights Colorado law changed substantially in 2023. The Colorado General Assembly passed House Bill 23-1026, the "Grandparents' Rights for Aaliyah and Myah Act," which took effect August 7, 2023. The Act repealed the old grandparent statute at C.R.S. § 19-1-117 and relocated the rules to Colo. Rev. Stat. § 14-10-124.4 inside Title 14, where divorce and parental-responsibility law lives. The Act also renamed "visitation rights" as "grandparent or great-grandparent family time" and codified a strong presumption favoring a fit parent's decisions about who sees the child.
Key Facts: Grandparent Visitation in Colorado
| Factor | Colorado Detail |
|---|---|
| Governing statute | Colo. Rev. Stat. § 14-10-124.4 (formerly § 19-1-117, repealed 2023) |
| Petition filing fee | ~$230 + $12 e-filing (as of 2026; verify with clerk) |
| Legal standard | Clear and convincing evidence the family time serves the child's best interests |
| Standing requirement | A custody or parental-responsibility case must exist or have existed |
| Refile limit | Once every 2 years absent good cause |
| Parental presumption | Court presumes the parent's decision is in the child's best interests |
Do Grandparents Have Visitation Rights in Colorado?
Grandparents have no automatic visitation rights in Colorado; they hold only a conditional right to petition the court under Colo. Rev. Stat. § 14-10-124.4. To obtain court-ordered grandparent family time, a grandparent must first establish standing, then overcome a parental presumption by clear and convincing evidence, then prove the contact serves the child's best interests. Courts cannot intervene in an intact family.
Colorado treats grandparent access as a narrow exception, not a default entitlement. The U.S. Supreme Court's decision in Troxel v. Granville, 530 U.S. 57 (2000), held that fit parents have a fundamental constitutional right to direct the care, custody, and control of their children, and that courts must give "special weight" to a fit parent's decisions about third-party contact. Colorado's 2023 statute codifies this principle directly. A grandparent who wants enforceable access must convince a district court judge that the parent's refusal harms the child or that the requested family time independently serves the child's welfare. Because the burden sits entirely on the grandparent, many petitions fail even when the family bond is genuine. This guide explains standing, the legal standard, filing steps, and costs so families understand the realistic path to grandparent access in 2026.
When Can Grandparents File for Visitation in Colorado?
Grandparents can file for family time in Colorado only when a custody or parental-responsibilities case involving the child exists or has existed, under Colo. Rev. Stat. § 14-10-124.4. Qualifying triggers include the parents' divorce or legal separation, a death of the parent who is the petitioner's child, or a third party holding parental responsibilities. No standing exists for an intact, married family.
Standing is the threshold gate, and a grandparent who cannot clear it never reaches the best-interests question. Colorado law requires that the underlying family already be inside the court system through one of three doorways. First, the child's parents are divorced or legally separated, or a paternity or allocation-of-parental-responsibilities case has been opened. Second, the parent who connects the grandparent to the grandchild — meaning the grandparent's own son or daughter — has died. Third, the child does not live with either parent, and a non-parent holds parental responsibilities. If none of these conditions exists, the grandparent has no statutory access to the courthouse. This standing rule reflects the legislature's judgment that the state should not police relationships inside functioning two-parent households, consistent with the constitutional protection for parental autonomy that Troxel established.
What Standard Must Colorado Grandparents Meet?
Colorado grandparents must overcome a statutory presumption by clear and convincing evidence that family time serves the child's best interests, under Colo. Rev. Stat. § 14-10-124.4(4). Clear and convincing evidence is a demanding standard — far higher than the "preponderance of the evidence" used in most civil cases — requiring proof that a fact is highly probable, not merely more likely than not.
Subsection (4) of the 2023 statute codified the rule from the Colorado Supreme Court's decision In re Adoption of C.A., 137 P.3d 318 (Colo. 2006). The court must presume that a fit parent's determination about grandparent contact is in the child's best interests. A grandparent can overcome that presumption only by clear and convincing evidence that the family time serves the child. This two-step burden is intentionally hard to satisfy. A grandparent typically must show a substantial pre-existing relationship with the grandchild and concrete evidence that losing contact would harm the child, rather than simply asserting that visits would be pleasant. If the court grants family time, it must make written findings of fact and conclusions of law identifying the "special factors" supporting the order, ensuring the decision survives appellate review and respects the parent's constitutional rights.
How Do Grandparents File a Petition in Colorado?
To seek grandparent family time, the grandparent files a motion plus a supporting affidavit in the district court where the child resides, then serves a copy on the parent or party holding parental responsibilities, under Colo. Rev. Stat. § 14-10-124.4. The opposing party may file responsive affidavits, and the court holds a hearing if either side requests one or if the child's best interests require it.
The procedure is document-driven at the outset. The grandparent's affidavit must set out specific facts — dates, frequency of prior contact, and reasons the requested family time benefits the child — because conclusory statements rarely satisfy the clear-and-convincing standard. After service, the parent can submit opposing affidavits explaining why the contact is unwanted or harmful. If neither party asks for a hearing, the court may grant an order only on a finding that family time serves the child's best interests. If either party requests a hearing, or the judge believes one is warranted, the court schedules an evidentiary hearing. Under the 2023 amendments, the court may also appoint a Child's Legal Representative to advocate for the child's best interests. A grandparent generally cannot file more than once every two years absent good cause, so the initial petition must be thoroughly prepared.
What Does It Cost to File for Grandparent Visitation in Colorado?
Filing a grandparent family-time petition in Colorado costs approximately $230, plus a non-waivable $12 e-filing surcharge, as of March 2026. Verify the exact amount with your local district court clerk, because filing fees are set by statute and adjusted periodically — the most recent statewide increase took effect January 1, 2025, under House Bill 24-1286.
The filing fee is only the entry cost; total expenses depend on how contested the case becomes. A grandparent who cannot afford the fee may apply for a waiver using Colorado Judicial Branch forms JDF 205 (Motion to File Without Payment) and JDF 206 (Supporting Financial Affidavit); courts typically grant waivers for filers at or below roughly 125 to 200 percent of the federal poverty level. Additional costs commonly include service of process, which runs $40 to $100 or more through a sheriff or private process server, and certified copies of any order at $20 to $50 each. If a Child's Legal Representative is appointed or expert testimony is needed, costs climb substantially. Attorney fees vary widely, and many Colorado family lawyers bill $250 to $400 per hour, so a contested grandparent matter can cost several thousand dollars before resolution.
Colorado Grandparent Visitation vs. Standard Divorce Process
Grandparent family-time cases differ sharply from a parent's divorce in their legal standard, who carries the burden, and how often the case can be reopened. The table below compares the two so families understand why grandparent petitions are harder to win than ordinary parenting-time disputes between divorcing parents.
| Feature | Grandparent Family Time | Parent's Divorce / Parenting Time |
|---|---|---|
| Governing statute | Colo. Rev. Stat. § 14-10-124.4 | Colo. Rev. Stat. § 14-10-124 |
| Burden of proof | Clear and convincing evidence | Preponderance / best interests |
| Standing | Custody case must exist or have existed | Automatic as a parent |
| Presumption | Court presumes parent's decision is correct | No presumption against either parent |
| Refile frequency | Once every 2 years absent good cause | Modify parenting time after 2 years (or sooner for endangerment) |
| Residency to file | Child resides in the district | One spouse 91 days in Colorado |
What Colorado Residency Is Required?
Colorado requires that the grandchild reside in the judicial district where the family-time petition is filed, while the underlying divorce requires at least one spouse to have lived in Colorado for 91 days before filing, under Colo. Rev. Stat. § 14-10-106. For custody jurisdiction, a child over six months old must have lived in Colorado at least 182 days under the UCCJEA.
Residency rules matter because they determine which court has authority to act. A grandparent's petition under Colo. Rev. Stat. § 14-10-124.4 is filed in the district court for the district where the child resides, tying venue to the child's home. The connected divorce that creates standing has its own threshold: Colorado's 91-day residency requirement under § 14-10-106(1)(a)(I) establishes subject-matter jurisdiction over the dissolution and is among the shortest in the nation. Domicile, not mere presence, satisfies the rule — indicators include a Colorado driver's license, voter registration, and tax filing. When children are involved, the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) governs custody jurisdiction separately, generally requiring 182 days of Colorado residency for a child older than six months. These overlapping rules ensure that Colorado courts decide grandparent access only for children genuinely connected to the state.
Can a Grandparent Order Block a Parent From Moving?
No. A Colorado grandparent family-time order cannot be used to prevent a parent from relocating with the child, under Colo. Rev. Stat. § 14-10-124.4. The statute bars any order restricting the child's movement if the restriction exists solely to preserve a grandparent's family time. A relocating parent may instead seek modification of the existing order.
The relocation limit reflects the statute's careful balance between grandparent contact and parental authority. Colorado law deliberately subordinates grandparent family time to the parent's right to make major decisions, including where the family lives. If a parent moves out of state or across Colorado, the grandparent cannot invoke the family-time order as an anchor to keep the child in place. The remedy is procedural rather than preventive: the grandparent or the parent can ask the court to modify the order to reflect the new geography, perhaps substituting longer but less frequent visits. The statute also clarifies that an order granting or denying parenting time to a parent does not, by itself, cancel grandparent family time, as long as that family time continues to serve the child's best interests. This structure keeps the child's welfare, not the adults' convenience, at the center of every decision.
How Often Can Grandparents Refile in Colorado?
Colorado grandparents may file a family-time petition only once every two years absent a showing of good cause, under Colo. Rev. Stat. § 14-10-124.4. A grandparent previously granted family time is not permanently "grandfathered in" — at any later modification hearing, the grandparent must again prove by clear and convincing evidence that continued contact serves the child's best interests.
The two-year cooling-off rule prevents grandparents from repeatedly dragging parents into court, which the legislature recognized as a form of harassment that itself can harm children. If a grandparent can demonstrate good cause — for example, a significant change in the child's circumstances or new evidence of harm — the court may allow an earlier filing and consider it on the merits. The durability rule for existing orders is equally important. Because the clear-and-convincing burden attaches at every stage, a grandparent who obtained an order years earlier cannot rest on that history; the parent retains the right to seek modification, and the grandparent must re-establish that ongoing family time benefits the child. This design keeps grandparent access continuously aligned with the child's evolving best interests rather than locking in a one-time judicial decision.