When a family relationship changes suddenly, grandparents can be left wondering whether they will still be able to spend meaningful time with their grandchildren. Divorce, separation, custody disputes, or the loss of a parent can create uncertainty about what happens next. Colorado law provides circumstances in which grandparents and great-grandparents may ask a court for family time, but those rights are not automatic. Understanding when a request may be available and what the court considers can help families approach the process with clearer expectations.
Colorado Law and Grandparent Family Time
Colorado law allows grandparents and great-grandparents to seek a court order for family time in certain situations involving the child and the child's parents. The Colorado Judicial Branch identifies several circumstances that may allow a grandparent or great-grandparent to make a request.
These circumstances can include:
Divorce or legal separation: A grandparent may seek family time when the child's parents have gone through a divorce or legal separation.
Custody or paternity proceedings: A qualifying court case involving the child may provide a basis for requesting grandparent family time.
Death or related probate proceedings: A request may also be available when the grandparent's child has died and a probate or guardianship matter is involved.
The law does not give every grandparent an automatic right to court-ordered time with a grandchild. Whether a request can be made depends on the circumstances of the family and the applicable legal requirements.
Situations That Can Limit a Request
Certain circumstances can prevent a grandparent or great-grandparent from seeking a family-time order. Understanding these limitations is important before beginning a court proceeding.
A request generally cannot be made when:
Parental rights have been terminated: A termination of the parents' legal rights can affect whether a grandparent may seek an order.
The child has been placed for adoption: Placement for adoption can limit a grandparent's ability to request family time.
The adoption has been finalized: Colorado's judicial guidance states that family-time requests generally cannot be made after an adoption has been legally finalized.
These restrictions make the timing and circumstances of a case particularly important. A grandparent considering legal action should understand how an existing custody, adoption, or other family-law proceeding affects available options.
What Courts Consider
A court's review is centered on the child's circumstances rather than simply the grandparent's desire to maintain contact. Colorado law recognizes that relationships between grandparents and grandchildren can provide meaningful support, stability, and connection, while family-time decisions remain subject to the applicable legal standards.
Factors that may be relevant include:
The existing relationship: The nature and strength of the relationship between the grandparent and child may be important.
The child's circumstances: The child's needs, stability, and existing living arrangements can affect the court's consideration.
Family dynamics: The circumstances surrounding the parents, caregivers, and other people involved in the child's life may also matter.
A grandparent should be prepared to explain the existing relationship with the child and why the requested family time would serve the child's interests.
Evidence Can Help Explain the Relationship
When a grandparent seeks court-ordered family time, supporting information can help provide context about the relationship and the circumstances leading to the request. The appropriate evidence will depend on the specific case.
Relevant information may include records or testimony concerning:
The history of contact: Evidence showing the grandparent's established relationship and involvement in the child's life.
Caregiving responsibilities: Information about times when the grandparent provided regular care, transportation, supervision, or other support.
Current family circumstances: Documents or testimony that explain why contact has changed and what arrangement the grandparent is requesting.
Organizing this information before filing can help present a clearer picture of the family's circumstances. Colorado courts also provide specific forms and filing procedures for grandparent or great-grandparent family-time requests.
When Legal Guidance May Help
Grandparent family-time disputes can become complicated when they overlap with divorce, custody, adoption, probate, or other family-law proceedings. Colorado also places procedural requirements on these cases, including where and how paperwork should be filed.
A family law attorney can review the circumstances, explain whether a grandparent family-time request may be available, and help prepare the necessary documents. The Gasper Law Group assists families with grandparents' rights and other parental-rights matters in Colorado Springs. Call (719) 212-2448 or contact The Gasper Law Group today to discuss your grandparents' rights concerns with a Colorado family law attorney.