Colorado Grandparents' Rights

What Is the Aaliyah and Myah Act, and What Did It Change?

The Aaliyah and Myah Act, codified at CRS 14-10-124.4, is Colorado's current framework governing grandparent family time. The law was named after two girls whose deaths drew attention to gaps in the prior statute and was enacted to strengthen the court's ability to intervene when a grandparent-grandchild relationship serves the child's best interests.


Before this law, grandparents faced a much higher burden. The Aaliyah and Myah Act lowered that threshold in qualifying circumstances, giving Colorado courts explicit authority to award grandparent family time (what other states call visitation) when doing so serves the child's welfare.


The law does not create an automatic right. It creates a legal pathway. Whether that pathway is open to you depends on your specific circumstances.

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When Can a Grandparent Petition for Family Time in Colorado?

Colorado courts can consider a grandparent's petition for family time when at least one of the following triggering conditions exists:


  • The child's parents are divorced or legally separated

  • One or both parents are deceased

  • The child has been placed outside the home or in the custody of a non-parent

  • A parent has been found unfit or there are documented concerns about parental fitness

  • The child lived with the grandparent for a significant period before the petition


Even when a triggering condition is met, the court's decision turns on a single question: what arrangement serves this child's best interests? The grandparent must demonstrate that the relationship has value to the child, not simply that the grandparent has been denied access.

How Colorado Courts Evaluate Grandparent Family Time Petitions

Judges applying CRS 14-10-124.4 consider a range of factors, including the nature and history of the grandparent-grandchild relationship, the child's age and adjustment, the physical and mental health of all parties, and whether awarding family time would meaningfully conflict with the custodial parent's rights.


Colorado law presumes that a fit parent's decisions about their child's relationships are in the child's best interests. That presumption is rebuttable, but overcoming it requires more than expressing a desire to see your grandchild. It requires evidence, framing, and a well-prepared legal argument.


I approach these cases with a child-focused philosophy built over more than thirty years of family law practice. My goal is never to escalate conflict unnecessarily. When negotiation or mediation can produce a workable arrangement, I pursue that path first. When litigation is the only option, I know how to make the case.

What Grandparents Can and Cannot Seek Under Colorado Law

Understanding the scope of what the statute allows helps set realistic expectations before you invest time and money in a legal proceeding.


Grandparents can petition for:


  • Scheduled family time (visitation) with their grandchild
  • Court-ordered contact that a parent cannot unilaterally revoke once entered as an order
  • Modification of an existing family time order if circumstances have materially changed


Grandparents generally cannot seek:

  • Full legal custody or decision-making authority through this statute alone (a separate guardianship or allocation of parental responsibilities proceeding would apply)
  • Family time that overrides a fit parent's judgment without meeting the statutory burden
  • Retroactive compensation for denied contact


If your situation involves a parent who is genuinely unfit, due to substance abuse, incarceration, or documented neglect, there may be grounds for a more significant legal intervention beyond family time. I can evaluate that with you directly.

The Role of Mediation in Grandparent Family Time Disputes

Many grandparent-grandchild relationship disputes stem from conflict between the grandparent and a parent, often a son-in-law or daughter-in-law, rather than a genuine belief that contact harms the child. In those situations, litigation can deepen the rift and make the child's situation worse.


Mediation allows both sides to reach a family time arrangement that works practically, one that a parent is more likely to honor because they helped shape it, rather than one imposed by a judge.


When mediation isn't appropriate or has already failed, I'm fully prepared to litigate. The two skills reinforce each other: I negotiate from a position of knowing exactly what a court would likely do.

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Why Experience With Colorado's Specific Statute Matters

CRS 14-10-124.4 is relatively new, and the case law interpreting the Aaliyah and Myah Act is still developing. Attorneys who handle grandparent family time cases only occasionally may not be current on how courts in different Colorado counties are applying the statute.


I have practiced exclusively family law since 1993. I work with clients across Colorado: including in Denver, Boulder, Colorado Springs, and mountain communities in Summit County, Eagle County, and Grand County where family-law representation can be harder to find. I handle these cases personally. You will not be passed to an associate.

Frequently Asked Questions About Grandparents' Rights in Colorado

  • Can grandparents get visitation rights in Colorado?

    Yes, under specific circumstances. Colorado's Aaliyah and Myah Act (CRS 14-10-124.4) allows grandparents to petition for court-ordered family time when a triggering condition exists — such as the parents' divorce, a parent's death, or documented parental unfitness. The court then evaluates whether family time serves the child's best interests.

  • What is the Aaliyah and Myah Act in Colorado?

    The Aaliyah and Myah Act is the common name for Colorado's grandparent family time statute, codified at CRS 14-10-124.4. It was enacted after two children's deaths exposed weaknesses in the prior law. The Act gives courts clearer authority to award grandparent family time when doing so benefits the child, and it lowered the legal burden grandparents must meet compared to the previous standard.

  • Do grandparents have custody rights in Colorado?

    Not automatically. CRS 14-10-124.4 addresses family time — scheduled contact — rather than custody or decision-making authority. If a grandparent believes they should have physical custody of a grandchild due to parental unfitness or another serious circumstance, that would typically require a separate legal proceeding, such as a guardianship or an allocation of parental responsibilities case.

  • What if a parent is blocking me from seeing my grandchild?

    If no court order exists, a parent generally has the legal right to restrict contact — even by a grandparent. The remedy is to petition the court for a family time order under CRS 14-10-124.4. Once an order is entered, a parent who violates it can face contempt proceedings. I can help you evaluate whether you meet the statutory requirements to file.

  • How long does a grandparent family time case take in Colorado?

    It depends on whether the case resolves through agreement or requires a hearing. Cases that settle through negotiation or mediation can conclude in weeks. Contested cases that go to a hearing typically take several months, depending on the court's docket. I work to resolve these matters as efficiently as possible while building a record that holds up if the order is later challenged.

  • Does Colorado recognize grandparent visitation if the parents were never married?

    The Aaliyah and Myah Act's triggering conditions focus primarily on divorce, death, or parental unfitness rather than on whether the parents were married. If you are a grandparent of a child whose parents were never married and you have been denied contact, the analysis depends on the specific facts of your situation. A consultation is the best way to assess your options.

    Susan Marie Pesch has practiced exclusively family law in Colorado since 1993. With more than thirty years of experience, she handles grandparent family time cases personally — from the first consultation through any hearing or mediation. Her practice is built on the belief that children benefit from stable, loving relationships, and that the legal process should serve that goal rather than obstruct it.