When Colorado Grandparents Have Legal Standing for Family Time

Jul 01 2026 14:00
Susan Pesch

Colorado law gives grandparents the right to request court‑ordered family time only in three specific situations. These “standing triggers” are: (1) when the child’s parents are in a dissolution of marriage (divorce) or legal separation—either pending or completed; (2) when there is a third‑party allocation of parental responsibilities (APR) case open; or (3) when the grandparent’s own child, who is also the child’s parent, has died. Outside these circumstances, the court cannot hear a grandparent’s petition. Understanding these limits helps grandparents avoid wasted time, fees, and heartache.

At Pesch Law Office PC, I draw on more than 30 years of exclusive Colorado family‑law experience to help grandparents evaluate whether they meet the statutory requirements before filing. This detailed guide walks you through when standing exists, when it does not, and how courts apply the constitutional presumption favoring a fit parent’s decision under the Troxel standard.

The Three Circumstances That Create Standing Under CRS 14‑10‑124.4

Colorado does not allow grandparents to file for family time whenever they disagree with a parent’s decision. Instead, the Aaliyah and Myah Act strictly limits standing to three categories. If none of these apply, the court cannot accept a filing.

1. A Dissolution of Marriage or Legal Separation (Pending or Completed)

The first pathway to standing occurs when the child’s parents are involved in a dissolution of marriage (divorce) or legal separation. Standing exists whether the case is still open or has already resulted in final orders. Because the court has already exercised jurisdiction over the family’s structure, the law allows grandparents to request family time within that framework.

This option often applies when grandparents historically provided childcare or maintained a close relationship but lost contact during the separation or after the divorce was finalized. Importantly, grandparents do not become parties to the divorce itself—they simply file a verified motion within the existing case.

My firm frequently helps grandparents understand how to file in an existing divorce case and how best to present their history with the child, particularly when the relationship changed suddenly after the parents’ separation.

2. A Third-Party Allocation of Parental Responsibilities Case

Standing also exists when there is an active third‑party allocation of parental responsibilities (APR) case under Title 14. These are cases where someone other than a parent—often a relative—seeks decision‑making or parenting time.

Because the court is already examining the child’s caregiving arrangements, the law permits grandparents to request family time in that same APR matter. This is common when grandparents have acted as caregivers for extended periods or when a parent has been unable to provide consistent care, prompting another adult to file for APR.

Grandparents, however, cannot create a new APR case solely for visitation or family time. The APR case must already exist before they can intervene for limited purposes under CRS 14‑10‑124.4.

3. The Death of the Grandparent’s Own Child (the Child’s Parent)

The third and often most emotionally challenging circumstance is when the grandparent’s own child—the child’s parent—has died. Colorado recognizes the importance of maintaining stability and continuity for children experiencing profound loss.

In these cases, grandparents may request family time even if the surviving parent and deceased parent were married at the time of death. This is the only situation where standing exists despite the parents having been in an intact relationship.

When helping grandparents navigate this pathway, I approach the matter with particular sensitivity, balancing the family’s grief with the legal standards the court must apply.

What Standing Does Not Include

Colorado’s standing limits are strict. Even loving, involved grandparents cannot file unless one of the three statutory triggers applies. Common scenarios where standing does not exist include:

  • Intact marriages: If the parents are married, living together, and share decision‑making authority, grandparents cannot file.

  • Simple disagreements with parenting choices: A parent limiting screen time, setting boundaries, or changing routines does not create standing.

  • Estrangement, family conflict, or in‑law tension: Painful as these situations are, they do not meet the statutory criteria.

  • No existing APR case: Grandparents cannot file to open an APR case solely for visitation.

Many grandparents contact me after being told, incorrectly, that “all grandparents have rights.” Colorado law is far more limited. Standing is the legal gateway, and without it, the court must dismiss the request no matter how compelling the circumstances may feel.

The Troxel Presumption: Fit Parents’ Decisions Receive Special Weight

Even when standing exists, grandparents must overcome another significant legal hurdle: the constitutional presumption that a fit parent’s decisions are in their child’s best interests. This principle comes from the U.S. Supreme Court case Troxel v. Granville and is adopted directly into Colorado’s statute.

Under the Troxel presumption, the court must give “special weight” to a parent’s decision to limit or deny grandparent involvement. To rebut this presumption, grandparents must present strong, specific evidence showing that:

  • They have a meaningful, established relationship with the child;

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

  • The requested family time supports the child’s emotional, developmental, or psychological well‑being.

This is a high bar, but not an impossible one. Courts look for concrete examples, consistent involvement, and child‑focused reasoning—not criticism of the parent. At Pesch Law Office, I guide grandparents in gathering the right type of evidence and framing their request in a way that respects the constitutional framework.

Why a Standing Review Is Essential Before Filing

Because standing is jurisdictional, a court that lacks standing must deny the request immediately—even if the grandparent has a long, loving history with the child. A standing analysis clarifies whether filing is legally viable and how strong the case may be under the Troxel standard.

In a virtual consultation, I review:

  • The family structure and history

  • Any past or pending court cases

  • Whether a dissolution, separation, APR case, or parental death creates standing

  • The strength of the existing grandparent–child relationship

  • What evidence may be needed to rebut the parental presumption

You can learn more about how I help grandparents across Colorado on the firm’s page for Grandparents’ Rights.

Schedule a Standing Analysis Before Filing

If you are a grandparent considering whether to petition for family time in Colorado, the first step is determining whether you have standing. With more than 30 years of exclusive family‑law experience, I help grandparents statewide evaluate their options clearly and compassionately.

Schedule a virtual standing analysis before filing so you understand your rights—and your limitations—under Colorado law.