Understanding Grandparents’ Rights in Colorado Custody Cases

In Colorado, the legal system acknowledges that grandparents can provide crucial emotional support, stability, and continuity in a child’s life—especially during times of family transition. However, grandparents do not have automatic legal rights to custody or visitation. Instead, they must meet specific legal thresholds to request involvement through the courts.

Under Colorado Revised Statute § 19-1-117, grandparents may petition for visitation if the child’s parents are divorced or legally separated, one parent is deceased, or custody of the child has been allocated to someone other than the parent. These situations open the door for the courts to consider whether granting visitation would serve the best interests of the child.

In more complex scenarios, such as when both parents are unfit or unavailable, grandparents may also seek custody—known legally as allocation of parental responsibilities. Courts will evaluate a number of factors, including the child’s emotional ties to the grandparent, the existing family dynamic, and any potential disruption to the child’s life.

These cases require a delicate balance between respecting the constitutional rights of the child’s parents and recognizing the potentially positive role a grandparent can play. A skilled family law attorney can assist grandparents in building a strong case that demonstrates their commitment to the child’s well-being, including documented evidence of an established relationship and ongoing involvement.

If you’re a grandparent seeking to maintain or deepen your connection with a grandchild in Colorado, legal guidance is essential. Our team can help you understand your rights, navigate the court process, and advocate for a meaningful place in your grandchild’s life.