Grandparent Visitation Petition (Colorado)

PETITION FOR GRANDPARENT FAMILY TIME (VISITATION)

District Court, State of Colorado

I. COURT CAPTION AND CASE INFORMATION

DISTRICT COURT, COUNTY OF [________________________________], COLORADO
Court Address: [________________________________]

Case Number: [________________________________] (To be assigned by clerk)
Division: [____] Courtroom: [____]

PETITION FOR GRANDPARENT / GREAT-GRANDPARENT FAMILY TIME (C.R.S. § 14-10-124.4)

II. PETITIONER INFORMATION

A. Petitioner Identity

B. Co-Petitioner (if applicable)

III. RESPONDENT(S) — PARENT(S) / PERSON(S) WITH PARENTAL RESPONSIBILITIES

A. Respondent 1

B. Respondent 2 (if applicable)

IV. MINOR CHILD(REN)

Child 1:

Child 2 (if applicable):

V. JURISDICTION AND VENUE

A. UCCJEA Jurisdiction (C.R.S. §§ 14-13-101 to 14-13-403)

☐ Colorado is the child's home state — the child has lived in Colorado with a parent or person acting as a parent for at least six (6) consecutive months immediately before this filing (or since birth, if under six months).
☐ Colorado is not the home state, but jurisdiction exists because (explain): [________________________________]

B. Venue

This Petition and accompanying affidavit are filed in the district court for the district in which the child resides, as required by C.R.S. § 14-10-124.4(4). The child resides in the County of [________________________________].

C. Related and Prior Proceedings

☐ No other proceeding concerning the child is pending.
☐ The following proceeding(s) exist (court, case no., type, status): [________________________________]

VI. STANDING — THE "CHILD CUSTODY / APR CASE" TRIGGER (C.R.S. § 14-10-124.4(3))

A grandparent or great-grandparent may seek family time only when there is or has been a child custody case or a case concerning the allocation of parental responsibilities (APR) relating to the child. Petitioner alleges the following qualifying circumstance exists (check all that apply):

☐ The marriage of the child's parents has been declared invalid, dissolved, or made the subject of a decree of legal separation. (§ 14-10-124.4(3)(a))
☐ Legal custody of, or parental responsibilities for, the child have been given or allocated to a party other than the child's parent, OR the child has been placed outside of and does not reside in the home of the child's parent — excluding any child who has been placed for adoption or whose adoption has been legally finalized. (§ 14-10-124.4(3)(b))
☐ The child's parent — who is the child of the Petitioner grandparent (or grandchild of the Petitioner great-grandparent) — has died. (§ 14-10-124.4(3)(c))

Case/proceeding establishing the trigger (court, case no., date): [________________________________]

Frequency Limitation

☐ Petitioner has not filed a grandparent family-time petition concerning this child within the past two (2) years.
☐ A prior petition was filed within two (2) years; good cause to file again is shown by: [________________________________]

VII. FACTUAL ALLEGATIONS (AFFIDAVIT SUPPORT)

A. History and Nature of the Relationship

Petitioner alleges a close and substantial relationship with the child, described as follows:

[________________________________]
[________________________________]
[________________________________]

Petitioner further alleges (check all that apply):

☐ Petitioner has had regular contact with the child since [birth / date: __/__/____].
☐ The child resided with Petitioner from [__/__/____] to [__/__/____].
☐ Petitioner regularly provided care, supervision, or support for the child.
☐ Petitioner shared holidays, traditions, and significant events with the child.
☐ Other facts: [________________________________]

B. Why Family Time Serves the Child

[________________________________]
[________________________________]

C. Circumstances Leading to This Petition

Describe how/when contact was reduced or denied and any efforts to resolve informally:

[________________________________]
[________________________________]

VIII. CONSTITUTIONAL AND STATUTORY STANDARD

A. Special Weight to a Fit Parent's Decision (Troxel v. Granville)

A parent's interest in the care, custody, and control of his or her child is a fundamental liberty interest, and a fit parent's decision regarding family time is entitled to special weight. (Troxel v. Granville, 530 U.S. 57 (2000).) Colorado construes § 14-10-124.4 (and its predecessor § 19-1-117) to embody Troxel's protections.

B. The Three-Part Clear-and-Convincing Standard (In re Adoption of C.A., 137 P.3d 318 (Colo. 2006))

To obtain an order of grandparent family time, the following standard applies:

1. Presumption in favor of the parent's family-time determination;
2. To rebut that presumption, the grandparent must show by clear and convincing evidence that the parent's determination is not in the child's best interests; and
3. The grandparent bears the ultimate burden to establish by clear and convincing evidence that the family time sought is in the child's best interests.

If the Court orders family time, it must make findings of fact and conclusions of law identifying the special factors on which it relied. (In re Adoption of C.A., supra.)

Petitioner alleges the parent's determination is not in the child's best interests, and that the requested family time is in the child's best interests, by clear and convincing evidence, because:

[________________________________]
[________________________________]

IX. BEST-INTEREST FACTORS

Drawing on the best-interest considerations under C.R.S. § 14-10-124, Petitioner alleges the following support family time (check all that apply):

☐ The wishes of the child, if of sufficient age and maturity: [________________________________]
☐ The interaction and interrelationship of the child with Petitioner and other family members.
☐ The child's adjustment to home, school, and community, and the benefit of continuity with extended family.
☐ The mental and physical health of all individuals involved.
☐ Petitioner's ability and willingness to encourage a positive relationship between the child and the parent(s) and not to undermine parental authority.
☐ The requested family time is for the child's benefit and reflects the prior interrelationship of the child with Petitioner.
☐ Absence of any history of abuse, neglect, or domestic violence by Petitioner.
☐ Other special factors: [________________________________]

X. REQUESTED FAMILY-TIME SCHEDULE

A. Regular Family Time

☐ Weekly: [days/times] [________________________________]
☐ Bi-weekly: [________________________________]
☐ Monthly: [________________________________]
☐ Other: [________________________________]

B. Holidays and Special Occasions

C. Transportation and Communication

☐ Petitioner will provide transportation. ☐ Exchange location: [________________________________]
☐ Telephone/video contact between visits: [frequency] [________________________________]

XI. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under C.R.S. § 14-10-124.4(3);

B. Find, by clear and convincing evidence, that the parent's determination is not in the child's best interests and that the requested grandparent family time is in the child's best interests, and make findings identifying the special factors relied upon;

C. Enter an order granting Petitioner reasonable grandparent / great-grandparent family time pursuant to the schedule in Section X, or as the Court deems just;

D. Provide for reasonable communication and transportation arrangements;

E. Award reasonable attorney fees and costs to the prevailing party as permitted by C.R.S. § 14-10-124.4; and

F. Grant such other and further relief as the Court deems just and proper in the best interests of the child.

XII. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Colorado:

1. I am the Petitioner in this proceeding.
2. I have read this Petition for Grandparent Family Time and the accompanying affidavit, and know their contents.
3. The matters stated are true of my own knowledge, except as to matters stated on information and belief, which I believe to be true.
4. This Petition is filed in good faith.

Executed on [__/__/____], at [________________________________], Colorado.

_______________________________________________
[________________________________], Petitioner

XIII. SIGNATURE — PETITIONER OR ATTORNEY

Respectfully submitted,

Dated: [__/__/____]

_______________________________________________
[________________________________]

XIV. NOTICE TO RESPONDENT(S)

TO EACH RESPONDENT: A Petition for Grandparent / Great-Grandparent Family Time and a supporting affidavit have been filed concerning the above-named child. The party with legal custody or parental responsibilities may file opposing affidavits. A hearing will be held if either party requests one or if the Court determines a hearing is in the child's best interests. If neither party requests a hearing, the Court may enter an order granting family time upon a finding that it is in the child's best interests. You have the right to respond, to appear, to be represented by an attorney, and to present evidence.

XV. CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true and correct copy of this Petition and the accompanying affidavit was served on each party involved in the allocation-of-parental-responsibilities proceeding, as follows:

_______________________________________________
[________________________________] (Signature)

XVI. ATTACHMENTS

☐ Verified Affidavit in Support of Petition (required — C.R.S. § 14-10-124.4(4))
☐ Exhibit A — Evidence of the relationship (photographs, communications)
☐ Exhibit B — Documentation of the qualifying custody/APR case or parent's death certificate
☐ Exhibit C — Any existing custody/parenting orders concerning the child
☐ Exhibit D — Other: [________________________________]
☐ Filing fee or motion to proceed without payment (JDF 205)

XVII. SOURCES AND REFERENCES

Colorado Revised Statutes

• C.R.S. § 14-10-124.4 — Family Time for Grandparents or Great-Grandparents (recodified 2023 from former § 19-1-117 by HB 23-1026, "Grandparents' Rights for Aaliyah and Myah Act")
• C.R.S. § 14-10-124 — Best Interests of the Child
• C.R.S. §§ 14-13-101 to 14-13-403 — Uniform Child Custody Jurisdiction and Enforcement Act

Controlling Case Law

• In re Adoption of C.A., 137 P.3d 318 (Colo. 2006) — Three-part presumption / clear-and-convincing standard; special-factors findings required.
• In re Parental Responsibilities Concerning K.M.S., 2025 CO 35 — After a finalized adoption, parents of a deceased former parent lack standing as "grandparents."
• Troxel v. Granville, 530 U.S. 57 (2000) — A fit parent's decision is entitled to special weight.

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice. Confirm the current text of C.R.S. § 14-10-124.4 (formerly § 19-1-117) and standing before filing.