In Colorado, grandparent visitation is governed by C.R.S. § 14-10-123 and shaped by the landmark U.S. Supreme Court case Troxel v. Granville. The legal standard is significantly higher than a standard custody case because it balances the interests of the child against the constitutional rights of a fit parent
Grandparent Visitation Rights: The Colorado Legal Standard
While Colorado recognizes the importance of the extended family, the law provides a “presumption” in favor of the parent’s decision. To secure court-ordered visitation, a grandparent must navigate a specific two-step legal process.
1. The Standing Requirement (The “Triggering Event”)
A grandparent or great-grandparent cannot simply sue for visitation at any time. You only have standing (the legal right to ask) if one of the following has occurred:
- Case Commencement: There is an active or completed case concerning the “Allocation of Parental Responsibilities” (divorce, legal separation, or paternity).
- Death: The child’s parent (who is the child of the grandparent) has passed away.
- Out-of-Home Placement: The child is not in the custody of either parent.
2. Overcoming the “Special Weight” Presumption
Once standing is established, the “Best Interests of the Child” standard applies, but with a critical constitutional layer. Under Colorado’s “Special Weight” requirement:
- Parental Presumption: The court must start with the assumption that a fit parent’s decision to limit or deny grandparent visitation is in the child’s best interest.
- The Burden of Proof: The grandparent must prove by clear and convincing evidence—a higher standard than in most civil cases—that the parent’s visitation decision is not in the child’s best interest.
- The Balancing Test: The judge will not simply ask “Would it be nice for the child to see their grandparent?” Instead, the judge must determine if the parent’s denial of time would be harmful to the child’s well-being or if the grandparent’s presence is essential to the child’s emotional stability.
Procedural Rules to Keep in Mind
- The Two-Year Limitation: Once a grandparent has sought an order for visitation, they generally cannot file a new motion more than once every two years, unless they can show “good cause” for an earlier request.
- Mediation: Like most family law matters in Colorado, the court will typically order the parties to attend mediation to try and reach a voluntary agreement before a contested hearing.
- Guardian ad Litem (GAL)/Child Legal Representative (CLR: In highly contested cases, the court may appoint an attorney to represent the child’s interests and provide a recommendation on whether the grandparent’s visitation is necessary for the child’s welfare.
Comparison: Parent vs. Grandparent Legal Burdens
| Feature | Parental Time (APR) | Grandparent Visitation |
|---|---|---|
| Legal Status | Fundamental Right | Statutory Privilege |
| Presumption | Presumed Equal Rights | Presumed Parent is Correct |
| Burden of Proof | Preponderance of Evidence | Clear and Convincing Evidence |
| Court’s Focus | Shared Parenting | Minimizing Intrusion on the Nuclear Family |
The Bottom Line
Winning a grandparent visitation case in Colorado requires more than showing a loving relationship; it requires a strategic legal argument that respects parental rights while proving that the child’s best interests demand continued contact. Schedule a consultation with our skilled Colorado Springs lawyers today by calling us at (719) 626-4661.