A maternal or paternal grandparent (or great-grandparent) does not have an automatic right to visitation with his or her grandchild. As a result, a grandparent may seek a court order granting reasonable visitation rights when there is or has been judicial intervention into the marriage of the child’s parents, a judicial placement of the child(ren) outside their family, or the death of the grandparent’s child. However, a grandparent cannot, as a matter of right, open a domestic case to request visitation. Rather, a grandparent may request visitation time if one of the following types of cases exists:

1. Divorce of the child's parents or dissolution of a parent's civil union;

2. Legal separation of the child's parents;

3. Annulment of a parent's marriage or civil union;

4. Child custody (formally known as an allocation of parental rights); 

5. Paternity; or 

6. A probate case where a child's parent has died or someone is acting as a guardian or managing the finances of the child.

A grandparent or great-grandparent cannot ask the court for family time if:

1. The parental rights of the child's parents have been terminated;

2. The child has been placed for adoption, or the adoption has been legally finalized; or 

3. The grandparent has requested visitation within the prior 2 years. 

This latter prohibition highlights the importance of ensuring a grandparent seeking visitation sets forth a compelling case in the first instance. 

The specific pleadings a grandparent would need to file in connection with a request for visitation include a motion to intervene in the existing case and a motion requesting grandparent family time. Assuming that a grandparent can successfully navigate the intervention into an existing domestic case, the standard that a court will apply to determine whether that grandparent is awarded any visitation time with the child is whether it would be in the child’s best interest. Either parent may submit evidence that he or she supports or opposes a grandparent’s request for visitation. In these cases, parents typically have the legal right to decide who interacts with their children when they are exercising parenting time. This right is based upon the constitutional principle that parents have the right to raise their children as they see fit and are presumed to be acting in the children’s best interest. However, grandparents can overcome the presumption by providing clear and convincing evidence that visitation benefits the children and would otherwise be in the children’s best interest. Under C.R.S. § 14-10-124.4(4), courts may override parental objections if grandparents show their involvement is essential to the child’s well-being.

In light of the challenges grandparents may seek in requesting visitation time, it is imperative to consult with an attorney who is well-versed in this area of domestic law. Here at Ross Law, one of our experienced family law attorneys will be able to help grandparents navigate the complex legal landscape in their effort to obtain the right to spend quality time with their grandchildren.