Find out how a relative or non-parent who is raising a child can ask for legal custody or decision-making authority.
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Grandparents and great grandparents have a special place in their grandchildren’s lives. If you are a grandparent or great‑grandparent, you can ask a judge for limited visitation in certain situations. This is called grandparent family time. Grandparent family time does not give you the right to make decisions about your grandchildren’s lives (like which school they go to or who their doctor is). It only allows visitation.
This guide explains when and how you can ask for grandparent time, how the judge decides, and how grandparent time can be changed or ended.
When can I ask for court-ordered grandparent family time?
You can ask for court‑ordered grandparent time if there is an existing open court case that involves the child, like:
- A divorce, legal separation, or annulment
- A custody case, called Allocation of Parental Responsibilities (APR), between parents
- An APR case involving a parent and a non‑parent
- A case where the child has been placed outside the parents’ home (for example, a Dependency and Neglect case)
- A probate case when the grandparent’s own child (the child’s parent) has died
If none of these situations exist, a judge cannot consider a request for grandparent time.
When can't I ask for court-ordered grandparent family time?
You cannot request court‑ordered grandparent time:
- If there is no active court case, even if the parents are separated or living apart
- If the child has been legally adopted by non‑parents
- If the parental rights of the child’s parents have been terminated
In these situations, a judge does not have the authority to grant grandparent time.
How do I request grandparent family time?
There are specific steps to follow:
Step 1: Fill out the right forms
You will need to file:
- JDF 1131: Motion to Intervene in the existing court case.
- This asks the court’s permission for you to become a party in the case.
- JDF 1132: Order to Intervene
- Just do sections A to C
- JDF 1133: Motion for Grandparent Time
- This motion must include an affidavit (a sworn written statement) explaining the facts and why the requested family time is in the child’s best interests (see below for a list of factors the judge considers for the best interest of the child).
- JDF 1134: Order for Grandparent Family Time
- Just do sections A to C
Step 2: File the forms with the right court
You must file at the same court where the existing case is being handled
- You can file in person or online through Colorado's e-filing system
- You must pay the filing fee, or you can ask to waive it if you can't afford it with JDF 205
Step 3: Give (serve) a copy to the child’s parents
- You must officially give or send the people who have legal custody of the child a copy of the forms you filed with the court. You can do this by:
- Regular mail
- Hand delivery
- Electronic service if all parties are signed up for the Colorado Courts E-filing system
- Complete the Certificate of Service section on your motion stating how you gave a copy to the other parent
Step 4: Parents may object
- The child’s parents have the right to file a response and argue against the request
Is there a hearing?
Yes, almost always.
- Either side can ask the judge for a hearing
- If neither side asks for a hearing, the judge may decide the case based only on the written affidavit(s). But this is extremely rare.
How does the judge decide?
The judge starts with a very important rule: The parent’s decision is presumed to be in the child’s best interests.
This means:
- The judge assumes parents know what is best for their child.
- This protects parents’ constitutional rights.
To overcome this, the grandparent must show the judge that spending time with the grandparent is in the child’s best interest even though the parents may feel different.
What factors does the judge consider?
The judge is the one who decides what is in the child’s best interests. First the judge has to assume that what the parents want is what is best for the child. Then the judge considers what you have included in your Motion for Grandparent Time and/or presented at a hearing, explaining why visitation with you is in the child’s best interest. To decide, the judge will look at factors such as:
- Whether there has been domestic violence or child abuse
- What all parties want, including the grandparent and parents
- The child’s wishes, if the child is mature enough
- The child’s relationship with important people
- How the child is doing at home, school, and in the community
- The mental and physical health of everyone involved
- Whether the parties encourage healthy relationships with others
- The grandparent’s past involvement and commitment to the child
- How close the parties live to each other
No single factor controls the decision. The judge looks at the whole picture.
How does a grandparent family time order get changed?
- If a judge has denied your request for grandparent time, you can only ask again in two years, unless you can show a good reason to ask sooner.
- A judge can change or end grandparent family time at any time if they decide it is in the child’s best interests.
- The grandparent has to prove the same things and go through the same process if they want to change the grandparent family time.
Note:
Changes to the parents’ parenting time do not automatically change grandparent time.
Need more help?
If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.
You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.