Grandparent's Rights

What Rights Do Grandparents Have In A Divorce?

Grandparent’s Rights in Colorado: What Families in Colorado Springs Should Know

Family relationships can be complicated—especially during or after a divorce, separation, or other major life changes. For grandparents, one of the hardest situations to face is being cut off from a grandchild. Many grandparents play a central role in a child’s life, offering stability, love, and family history.

But what happens when parents don’t agree about a grandparent’s involvement?

 

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In Colorado, the law does give grandparents (and even great-grandparents) a way to ask the court for family time with grandchildren. However, these rights are limited, and the court will always place the child’s best interests above everything else.

When Can Grandparents Ask for Visitation?

Colorado does not allow grandparents to request visitation if the family is intact and there is no court case. The law only opens the door in certain situations, such as:

  • Divorce or separation – If the parents are divorcing or legally separating, grandparents can ask to spend time with their grandchild.
  • Custody cases – If a custody case is happening between unmarried parents, grandparents may also be able to ask for time.
  • Loss of a parent – If one parent has passed away, the grandparents on that side of the family may have standing to seek visitation.
  • Placement outside the home – If the child has been placed outside of their parents’ care by the court (for example, foster care), grandparents may qualify.

On the other hand, if a child is adopted by someone outside the family, or both parents’ rights have been terminated, grandparents usually lose the right to request visitation.

How Do Grandparents Make a Request?

If a grandparent qualifies under the law, they can file a motion with the court. This involves:

  • Filing paperwork – The court requires specific forms where the grandparent explains why time with them would be good for the child.
  • Notifying the parents – Parents have the right to respond and give their side of the story.
  • Possible hearing – If there is disagreement, the judge may schedule a hearing to listen to both sides before deciding.

This process can feel overwhelming, which is why having an experienced family law attorney is very helpful.

What This Means for Colorado Springs Families

For grandparents in Colorado Springs, asking the court for visitation can be a tough process. Judges recognize the important role grandparents can play, but they also respect parents’ constitutional right to decide who spends time with their child.

That’s why success often depends on showing the judge a clear, strong bond with the child—and why continuing that bond is in the child’s best interest. Letters, school involvement, shared caregiving history, and other evidence can help show this connection.

For parents, it’s equally important to understand their rights and responsibilities. If you are facing a situation where grandparents are requesting visitation, you’ll want to know how the law protects your decision-making authority and how to present your position to the court.

Final Thoughts on Grandparent’s Rights

Grandparents’ visitation rights in Colorado are possible, but they are not automatic. The law only allows them in limited circumstances, and parents’ wishes are given special consideration.

For families in Colorado Springs dealing with this sensitive issue, guidance from an experienced divorce and family law attorney—like Mary Daugherty—can make all the difference. Whether you’re a grandparent hoping to stay connected or a parent navigating a court request, having professional support helps ensure that decisions truly serve the child’s best interests.

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