How to File a Verified Motion for Grandparent Family Time in Colorado

Jun 01 2026 14:00
Susan Pesch

Colorado grandparents seeking court‑ordered family time must follow a clear three‑step process under CRS 14‑10‑124.4. First, you must confirm that you have legal standing to file. Second, you must submit a verified motion supported by affidavits explaining your relationship with the child and why court involvement is necessary. Third, you must attend the expedited hearing, which must be set within 14 days of filing. Understanding these requirements helps grandparents move forward confidently and avoid delays or rejected filings.

At Pesch Law Office PC, I work with grandparents statewide—including in Denver, Boulder, Colorado Springs, Weld County, and Park County—to prepare complete, well‑supported motions for grandparent family time. Below is a step‑by‑step guide to help you understand the process before deciding whether to file.

Step 1: Confirm You Have Standing Under CRS 14‑10‑124.4

Standing is the legal gatekeeper. Without standing, the court is not allowed to hear your request. Colorado limits grandparent filings to protect the constitutional rights of fit parents, so the statute identifies specific circumstances in which grandparents may file.

You may have standing if:

  • The child’s parents have divorced or legally separated.

  • The parents were never married and paternity has been legally established.

  • One parent has died.

  • There is already an open allocation of parental responsibilities (APR) case involving the child.

Colorado does not allow grandparents to file “stand‑alone” cases. The law requires a qualifying scenario already within the court system. Great‑grandparents and siblings may also qualify in limited circumstances.

Because standing is strict, I begin every consultation by reviewing the family history and any prior court orders to determine whether filing is even possible. This avoids wasted effort, unnecessary conflict, and emotional strain.

Step 2: Prepare and File a Verified Motion for Grandparent Family Time

Once standing is confirmed, the next step is filing a verified motion. “Verified” means the motion must be signed under oath, swearing that everything stated is true to the best of your knowledge. This adds legal weight and ensures the court has reliable information from the start.

Required Affidavits

Your motion must include one or more affidavits addressing the specific factors the court is required to consider. Typically, these affidavits describe:

  • Your pre‑existing relationship with your grandchild

  • The role you historically played in the child’s life

  • How and when the parent restricted or denied contact

  • Why you believe family time supports your grandchild’s well‑being

  • Any concerns about safety, stability, or developmental needs, if applicable

Courts expect concrete examples—regular childcare, overnights, shared traditions, daily involvement, or sudden and unexplained cutoff. The affidavits must be factual and detailed, not emotional arguments or accusations.

As a family law attorney practicing statewide across Colorado, I help grandparents draft clear, persuasive affidavits that address each required factor and anticipate the court’s concerns.

Serving the Motion on All Parties

After filing the verified motion and supporting affidavits, Colorado law requires proper service on all parties with parental rights. This typically includes:

  • Both legal parents

  • Any person with court‑ordered parental responsibilities

  • Anyone entitled to parenting time under an existing order

Service must follow the Colorado Rules of Civil Procedure, which often means personal service by a process server. Improper service is a common reason hearings are continued or motions are denied.

I help grandparents coordinate legally compliant service to avoid these setbacks.

Step 3: Attend the Hearing—Set Within 14 Days

One of the most important changes under CRS 14‑10‑124.4 is the requirement that the court set a hearing within 14 days of filing. This prevents long delays and helps preserve relationships, especially when contact has been suddenly cut off.

At the hearing, the judge will:

  • Confirm that you have standing

  • Review your verified motion and affidavits

  • Hear from the parents regarding their position

  • Consider whether limited, supervised, or unsupervised family time may support the child’s best interests

Because this is an expedited process, thorough preparation is essential. Many grandparents feel overwhelmed by tight deadlines and legal standards, which is why early consultation is so helpful.

How the Court Weighs a Fit Parent’s Decision

Even if you have standing and compelling affidavits, the court must apply the constitutional presumption favoring a fit parent’s decision. This comes from the U.S. Supreme Court case Troxel v. Granville, which Colorado incorporates directly into its statute.

This means the judge must give “special weight” to a fit parent’s choice to limit or deny grandparent involvement. To overcome this presumption, grandparents must show that:

  • They have an established, meaningful relationship with the child, and

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

  • The requested family time supports—not undermines—the child’s best interests.

The court’s focus remains on the child, not the grandparent. Clear, well‑supported affidavits and respectful, child‑centered requests are essential.

Mediation Options Before or After Filing

Many Colorado courts strongly encourage mediation in family law matters, including grandparent family time requests. Mediation can occur before filing or after the court schedules the hearing. It offers several benefits:

  • A private, confidential setting to discuss concerns

  • An opportunity to preserve fragile family relationships

  • A chance to craft flexible, creative agreements the court may not order on its own

  • The possibility of avoiding testimony in front of a judge

As both a trained mediator and a Colorado family law attorney, I help grandparents evaluate whether mediation might be a better path forward—or whether a court hearing is necessary based on the family’s circumstances.

What a Judge May Order

If you overcome the parental presumption and demonstrate that family time benefits the child, the court may order:

  • Short, consistent visitation

  • Therapeutic or supervised family time

  • Holiday or extended‑break schedules

  • Reunification‑focused time if the relationship was recently disrupted

Orders are tailored to the child’s needs, not the adults’ preferences.

Where to Learn More

You can learn more about how I help grandparents across Colorado—including Denver, Boulder, Colorado Springs, Weld County, and Park County—on my firm’s page about Grandparents’ Rights. If you’re considering filing a verified motion, it’s critical to assess standing and gather clear evidence before beginning the process.

Schedule a consultation through the firm’s Contact page so we can review your standing and discuss your options before filing.