When you can’t see your grandchildren, it hurts in a way that’s hard to put into words.
You’ve been there for birthdays, scraped knees, bedtime stories, and school events. You’ve been a constant presence in their lives. And now, for reasons that may or may not make sense, you’re being shut out.
The good news is that grandparents in Colorado do have legal options. But the path to getting court-ordered visitation isn’t automatic, and it’s not always easy. Here’s what you need to know about grandparents’ rights in Colorado and how to build a strong case to see your grandchildren.
Do Grandparents Have Legal Rights in Colorado?
Yes—but with limits.
Colorado law recognizes that grandparents can play an important role in a child’s life. Under certain circumstances, you can ask the court for visitation rights even if the parents object.
However, parents have a constitutional right to make decisions about their children, including who gets to spend time with them. Courts can’t just override a parent’s wishes without a very good reason.
That means you’ll need to show the court that granting you visitation is in the best interest of the child, and that the parents’ decision to keep you away is harming your grandchild.
When Can Grandparents Ask for Visitation in Colorado?
Colorado law outlines specific situations where grandparents can petition for visitation. You can file for visitation if:
- The child’s parents are getting divorced or legally separated
- The child’s parent (your son or daughter) has died
- The child has been placed outside the home of either parent (such as in foster care)
- The grandparent and child had a relationship while the parents were married, and the parents are now divorced
Under Colorado Revised Statutes § 19-1-117, the law is clear: grandparents don’t have an automatic right to visitation. You have to prove that visitation serves the child’s best interest and that denying it would harm the child’s physical, mental, or emotional health.
What the Court Looks at When Deciding Grandparent Visitation
Colorado courts take the child’s best interest seriously. When you file for visitation, the judge will consider several factors, including:
- The strength of your relationship with your grandchild
- How long you’ve been involved in the child’s life
- Whether you’ve provided care, support, or a stable presence
- The parents’ reasons for denying visitation
- The potential impact on the child if visitation is denied
- Whether granting visitation would interfere with the parent-child relationship
The burden of proof is on you. That means you need to show, with evidence, that your relationship with your grandchild is meaningful and that losing it would hurt them.
What About Custody Instead of Visitation?
In rare cases, grandparents may seek custody rather than just visitation. This usually happens when:
- Both parents are unfit or unable to care for the child
- The child has been living with you for an extended period
- The child is in danger in the parents’ care
Custody cases are even more difficult than visitation cases because you’re asking the court to remove the child from the parents’ care. You’ll need to prove that the parents are unfit or that the child’s safety is at risk.
What If the Parents Are Married and Living Together?
This is the hardest situation for grandparents. If the child’s parents are married, living together, and both agree to deny you visitation, Colorado law makes it very difficult to challenge that decision.
Courts are extremely reluctant to interfere with intact families. Unless you can show that the child is being harmed by the lack of contact with you—or that the parents are unfit—your chances of success are limited.
Mediation May Be A Better First Step
Before you file a lawsuit, consider mediation. Family court cases are expensive, time-consuming, and emotionally draining for everyone involved, especially the child.
Mediation gives you and the parents a chance to work out a visitation arrangement with the help of a neutral third party. It’s less formal than court, less adversarial, and often more successful at preserving family relationships.
If mediation doesn’t work, you can still file for court-ordered visitation. But many judges appreciate it when grandparents make a good-faith effort to resolve things outside of court first.
Common Mistakes Grandparents Make
When emotions run high, it’s easy to make mistakes that can hurt your case. Avoid these common pitfalls:
- Badmouthing the parents: Even if you’re angry, don’t criticize the parents in front of the child or in court filings. Courts want to see that you’ll support the parent-child relationship, not undermine it.
- Violating boundaries: If the parents have asked you not to contact them or the child, respect that while your case is pending. Showing up unannounced or trying to go around the parents can make you look unstable or disrespectful of the legal process.
- Focusing on your needs instead of the child’s: The court doesn’t care how much you’re hurting. They care about what’s best for the child. Frame everything in terms of the child’s well-being, not your own feelings.
- Waiting too long: The longer you go without contact, the harder it is to prove that your relationship with the child is strong and ongoing. If you’re being denied visitation, act sooner rather than later.
How Long Does the Process Take?
Grandparent visitation cases can take anywhere from a few months to over a year, depending on the complexity of the situation and the court’s schedule.
If the parents contest your petition, you may need to go through discovery (exchanging documents and information), mediation, and eventually a trial. Each step takes time.
If you and the parents can reach an agreement through mediation or negotiation, the process moves much faster.
What If You Win?
If the court grants you visitation, the judge will issue an order specifying when and how often you can see your grandchild. This might include:
- Weekly or biweekly visits
- Holiday and vacation time
- Phone or video calls
- Special occasions like birthdays
The parents are legally required to follow the court order. If they violate it, you can file a motion for contempt and ask the court to enforce your rights.
What If You Lose?
Losing a grandparent visitation case is heartbreaking. But it doesn’t always mean the door is closed forever.
Family situations change. If circumstances shift, such as a change in the child’s living situation, the parents’ relationship, or the child’s needs, you may be able to file a new petition in the future.
In the meantime, focus on keeping the lines of communication open. Send cards or letters (if allowed). Respect boundaries. And hold onto hope that time and healing may eventually bring you back together.
Protecting Your Relationship With Your Grandchildren
Being cut off from your grandchildren is painful. But it’s not always permanent.
At Flatiron Legal Advisors, we help grandparents throughout Colorado protect their relationships with the children they love. We know how much this means to you, and we’re here to guide you through every step of the process.
Contact us today to schedule a consultation. Let’s talk about your situation, your options, and how we can help you reconnect with your grandchildren.
