How Colorado’s Aaliyah and Myah Act Changed Grandparents’ Rights

May 01 2026 14:00
Susan Pesch

Colorado’s Aaliyah and Myah Act (HB 23‑1026) reshaped grandparents’ rights when it took effect on August 7, 2023. The law repealed CRS 19‑1‑117, moved grandparent rights into Title 14 as CRS 14‑10‑124.4, and replaced “grandparent visitation” with the clearer and more family‑focused term “grandparent family time.” These updates simplify the process, clarify who has legal standing, and reinforce the constitutional presumption that fit parents act in their child’s best interests.

At Pesch Law Office PC, I help grandparents across Colorado understand these changes so they can make informed decisions before filing. As a statewide Colorado family law attorney, I work to ensure grandparents know the law, their options, and the steps involved in pursuing meaningful time with their grandchildren.

What Changed Under the Aaliyah and Myah Act?

The biggest shift is structural: Colorado moved all grandparent‑related statutes out of the children’s code (Title 19) and into the domestic relations code (Title 14). This means grandparent family time requests now follow the same procedural framework as other family law matters, such as parenting time or allocation of parental responsibilities.

By renaming “visitation” to “grandparent family time,” the legislature emphasized that these cases are not about substituting parental roles. Instead, they focus on supporting existing family relationships in appropriate circumstances. The updated terminology is both more accurate and more respectful of the child–grandparent bond.

For grandparents, these changes create a clearer, more streamlined path through a system that used to be confusing and inconsistent. The new statute, CRS 14‑10‑124.4, sets out who may file, when they may file, and the showing they must make before a court can even consider granting family time.

Who Has Standing to Request Grandparent Family Time?

Standing means the legal ability to bring a claim before the court. Under CRS 14‑10‑124.4, grandparents have standing only in specific situations. These include:

  • When the child’s parents have divorced or legally separated

  • When the child’s parents were never married, but paternity has been legally established

  • When one parent has died

  • When there is an existing allocation of parental responsibilities case

Great‑grandparents may also have standing in limited circumstances, and the statute allows siblings and half‑siblings to request sibling family time as well. However, standing remains tightly defined to respect parents’ constitutional rights.

A common misconception is that grandparents can file simply because they have been shut out of the child’s life. Colorado does not allow “stand‑alone” grandparent filings. There must already be a qualifying family‑law matter involving the child—or one of the qualifying circumstances—before a court can even accept a petition.

Before grandparents spend time, money, or emotional energy preparing a filing, I review the standing requirements with them in a virtual consultation to confirm whether the law allows their request. If it does not, we discuss alternative approaches or family‑based solutions that may be more effective.

The Troxel Presumption: Fit Parents’ Decisions Receive Special Weight

Colorado’s Aaliyah and Myah Act incorporates the U.S. Supreme Court’s landmark decision in Troxel v. Granville. In Troxel, the Court held that fit parents are presumed to act in their children’s best interests, and judges must give “special weight” to a parent’s decision to limit or deny grandparent involvement.

CRS 14‑10‑124.4 adopts that presumption directly. This means grandparents must do more than show they have a loving relationship or that family time would be beneficial. They must overcome a legal presumption that the parent’s decision is correct.

Courts generally require grandparents to show, with specific evidence, that:

  • There is or was a meaningful existing relationship with the child, and

  • The parent’s decision unreasonably interferes with that relationship, and

  • The requested family time supports the child’s overall well‑being.

This is not an easy burden. But it is a well‑understood one, and I guide grandparents in identifying what evidence may help meet this standard—always with sensitivity to the emotional nature of these cases.

A More Streamlined Filing Process in Colorado Family Courts

One of the most helpful updates for grandparents is procedural. By moving grandparent family time into Title 14, the legislature aligned these requests with the same procedural rules used in other family law cases. As a result:

  • Forms and filing procedures are now easier to locate and use

  • Cases are assigned to the same divisions handling parenting and custody matters

  • Motions follow consistent Colorado Rules of Civil Procedure

  • Hearings occur within a predictable family‑law framework

For grandparents—many of whom have never been inside a courtroom—this consistency can make an overwhelming process more manageable. As a Colorado family lawyer who has practiced exclusively in family law since 1993, I help clients navigate each step, whether they are seeking family time in Denver, Boulder, Colorado Springs, Weld County, or any of Colorado’s mountain communities.

What the Court Considers When Deciding Grandparent Family Time

Even after the standing requirements are met and the presumption in favor of the parent is addressed, the court still must evaluate whether grandparent family time is in the child’s best interests. Key factors often include:

  • The pre‑existing emotional bond between the grandparent and child

  • The stability and predictability of the requested time

  • Whether family time would support—not undermine—the parent–child relationship

  • The child’s needs, age, and developmental stage

  • Any safety concerns or history relevant to the child’s well‑being

The court’s priority is always the child’s best interests, not the adult’s wishes. The new statute makes these expectations clearer and helps grandparents prepare more complete requests.

Why Many Grandparents Seek Legal Guidance First

Grandparent cases are emotionally layered—grief after a parent’s death, conflict with an adult child, or strained in‑law relationships. Many grandparents come to me unsure whether they “should” take legal action at all.

My role is to provide clarity and compassion. We start with a conversation: the family history, the child’s circumstances, the parent’s concerns, and the legal thresholds. From there, I help grandparents evaluate whether filing for family time under CRS 14‑10‑124.4 is appropriate or whether mediation or family‑based dialogue might be more effective.

For more information about how I help grandparents across Colorado, you can visit the firm’s page on Grandparents’ Rights or learn more about my experience at About Susan Pesch.

Ready to Learn Whether You Have Standing?

If you’re a grandparent wondering whether Colorado’s Aaliyah and Myah Act gives you the right to request grandparent family time, I can help you evaluate your options clearly and compassionately. As a solo statewide Colorado family law attorney, I personally handle every consultation and every case.

Schedule a virtual consultation to review standing before filing and learn the next steps that may be available to you.