Grandparents’ rights in Colorado are limited to two court-ordered outcomes: scheduled “family time” with a grandchild, or, in narrower circumstances, full parental responsibilities. Both require a specific gateway. A grandparent can only petition for family time when a court case involving the child or the child’s parents already exists or once existed, and every case starts with a legal presumption that the parent’s decision about grandparent contact is correct. If the parents are together and no court has ever been involved with the family, Colorado law does not provide a way in.
When You Are Allowed to File
Colorado’s family-time statute, C.R.S. § 14-10-124.4, opens the door only in six situations:1Colorado Judicial Branch. Request Grandparent or Great-Grandparent Visitation
- The child’s parents divorced or dissolved a civil union.
- A court entered a legal separation order for the parents.
- A parent’s marriage or civil union was annulled.
- A court has allocated parental responsibilities for the child.
- A court proceeding established the child’s parentage.
- The grandparent’s own child (the child’s parent) died, or someone is acting as the child’s guardian.
Without one of these, there is no standing. This is the wall most people hit. A close relationship, an unreasonable parent, even years of prior caregiving do not create a right to file if the family has never been in court. Great-grandparents use the same statute and the same process.1Colorado Judicial Branch. Request Grandparent or Great-Grandparent Visitation
The Parental Presumption Every Case Starts With
Even after clearing the standing hurdle, the grandparent walks in behind. The court presumes the parent’s decision about grandparent contact is in the child’s best interests.2Colorado General Assembly. HB23-1026 Family Time for Grandparents To overcome that, a grandparent must prove by clear and convincing evidence that the requested family time serves the child. That is a stricter standard than the “preponderance” used in most civil cases: the judge has to be firmly convinced, not just slightly persuaded.
Cases succeed on concrete evidence about the child, not on complaints about the parent. Judges respond to a documented history of regular, meaningful contact; testimony from teachers, counselors, or therapists about the child’s wellbeing; evidence of an emotional bond; and any special role the grandparent played, such as primary caregiver during a parent’s illness or incarceration. The judge must issue written findings identifying the factors that supported the decision. Grandparents who lead with grievances usually lose.
Asking for Parental Responsibilities Instead of Visits
Family time means scheduled visits. Parental responsibilities means decision-making authority and potentially physical custody. Under C.R.S. § 14-10-123, a non-parent can seek that broader outcome, but only in two situations:3Justia. Colorado Code 14-10-123 – Commencement of Proceedings Concerning Allocation of Parental Responsibilities
- The child is not in a parent’s physical care.
- You had physical care of the child for at least 182 days, and you file within 182 days after that care ended.
That second deadline is easy to miss. Once you stop being the primary caregiver, a six-month clock runs. Miss it and you lose standing, no matter how long you cared for the child before. Because this route can shift custody away from a parent, courts scrutinize it heavily, and most grandparents pursuing it will want an attorney.
Preparing and Filing the Petition
The petition for family time is form JDF 1701, the Verified Pleading Affidavit for Grandparent/Great-Grandparent Visitation, available from the Colorado Judicial Branch.4Colorado Judicial Branch. JDF 1701 – Pleading Affidavit for Grandparent/Great-Grandparent Visitation It asks for your identifying information and relationship to the child, both parents’ contact information, the child’s information, whether you filed any prior grandparent visitation petition within the last two years, whether any protection orders have been issued against you or any party within the past two years, and whether either parent’s rights have been terminated.
The heart of the form is the narrative. Specific dates of visits, descriptions of caregiving you provided, and details about the bond with the child carry weight; vague statements about love do not. Sign the affidavit under oath before a notary or deputy clerk.4Colorado Judicial Branch. JDF 1701 – Pleading Affidavit for Grandparent/Great-Grandparent Visitation
Where you file depends on the qualifying situation. If a divorce, custody, paternity, or probate case is open or was previously filed, you intervene in that case in the county where it lives. If no prior case exists but you qualify because a parent died, you file a new action in juvenile court in the county where the child lives.5Colorado Judicial Branch. Instructions to File for Grandparent or Great-Grandparent Visitation
The filing fee is $234 for either a new petition or an intervention, except in probate or dependency and neglect cases, which have no filing fee.5Colorado Judicial Branch. Instructions to File for Grandparent or Great-Grandparent Visitation If you cannot afford it, file JDF 205 to request a waiver. Households below 125% of the federal poverty line, or those receiving certain public benefits, generally qualify.6Colorado Judicial Branch. Fee Waivers
Serving the Parents and What Happens Next
After filing, you must have the paperwork hand-delivered to the child’s parents and any other custodian. You cannot do this yourself. Colorado requires someone at least 18 years old and not a party to the case to serve the documents; most people use a private process server or the sheriff’s office.7Colorado Judicial Branch. How to Serve Court Papers in Divorce and Custody Cases The server signs a return-of-service form, which you then file. Nothing moves forward until that proof is on record.
Once the parents are served, they can respond and file their own affidavits opposing family time. If no one requests a hearing, the court can decide on the written submissions alone. If either side asks for a hearing, the court must hold one. Many Colorado district courts also order the parties to attempt mediation before a contested hearing, and can refer a case to mediation at any point.
In contested cases, the court may appoint a child’s legal representative under C.R.S. § 14-10-116 to investigate and make recommendations about what serves the child.8Justia. Colorado Code 14-10-116 – Representation of Child The fees are typically split between the parties and routinely run into the thousands of dollars.
If the court grants family time, the order will spell out the schedule, including days, times, and transportation. If the court denies the request, you generally cannot refile for two years unless the court finds good cause for an earlier filing. Filing again within that window without good cause can result in an order to pay the parent’s attorney fees.5Colorado Judicial Branch. Instructions to File for Grandparent or Great-Grandparent Visitation
Modifying or Enforcing an Existing Order
A family-time order can be changed or ended when doing so serves the child’s best interests, and either side can ask. You will need to show that circumstances have shifted since the original order.
If a parent refuses to follow a court-ordered schedule, Colorado law provides enforcement rights for grandparent visitation orders.5Colorado Judicial Branch. Instructions to File for Grandparent or Great-Grandparent Visitation A parent who repeatedly ignores an order risks being held in contempt, which can carry fines or other consequences. Document every missed visit with dates and details; the court will want specifics.
What This Costs
The $234 filing fee is a floor. Expect additional expenses:
- Process server fees typically run between $50 and $200, depending on how many people need to be served and how hard they are to find.
- Attorney fees in a contested case that goes to a hearing commonly reach several thousand dollars or more. You can represent yourself, but contested cases are difficult to win without a lawyer.
- A child’s legal representative, if the court appoints one, adds further costs that are usually split between the parties.
- Court-ordered mediation may carry fees, though some courts offer reduced-cost programs for qualifying families.
Losing a case filed within the two-year window without good cause can also mean paying the parent’s legal fees.
Tax Benefits if You Are Actually Raising the Child
These apply to grandparents who are the primary caregiver, not to those with court-ordered visits. If the child lived with you for more than half the tax year, did not provide more than half of their own support, and you provided more than half of theirs, you can generally claim the child as a qualifying dependent for the Child Tax Credit.9Internal Revenue Service. Child Tax Credit
If you pay for daycare or after-school care so you can work, you may also qualify for the Child and Dependent Care Credit for a qualifying child under 13. Both you and your spouse (if filing jointly) need earned income, and you must report the care provider’s name, address, and tax identification number on Form 2441.10Internal Revenue Service. Child and Dependent Care Credit Information You cannot claim the credit for payments to your own dependent or to your child under 19. Eligibility depends on filing status, income, and how the custody arrangement is structured, so a tax professional is worth the call.