Colorado Springs Grandparents’ Rights Lawyer

Over 100 Years of Combined Experience Advocating for Colorado Grandparents

Drexler Law has represented Colorado Springs families since 2014. Our attorneys, Matthew Drexler (licensed 2007) and Teresa Drexler (licensed 2008), carry over 100 years of combined legal experience and handle the full range of grandparents’ rights matters: grandparent family time (visitation) petitions and the more demanding allocation of parental responsibilities track for grandparents seeking custody of a grandchild.

These cases carry a high legal burden. Colorado courts presume that a parent’s decision about grandparent access is in the child’s interests, and grandparents must overcome that presumption with clear and convincing evidence. Procedural missteps, such as filing in the wrong court, submitting an incomplete affidavit, or missing a deadline, can end a case before it is heard. Experienced representation matters from the first step.

To speak with a grandparents’ rights attorney in Colorado Springs, call us at (719) 259-0050 or contact us online today.

When Colorado Law Gives Grandparents Standing to Petition

Grandparents don’t have automatic rights to visitation or custody in Colorado. Before any petition can be filed, a qualifying triggering circumstance must already exist. Under C.R.S. §14-10-124.4, the current operative statute relocated from Title 19 to Title 14 by HB23-1026 in 2023, grandparents or great-grandparents may petition when:

• The child’s parents have divorced, legally separated, or had their marriage annulled
• A custody or parental responsibilities proceeding has already involved the child
• Parental rights or responsibilities have been given to someone other than a parent
• The child has been placed outside the parental home (excluding adoption placements)
• The grandparent’s own child (the child’s parent) has died

When a family remains intact and no prior court intervention in custody has occurred, Colorado law doesn’t permit a grandparent to petition. If both parents’ parental rights have been terminated and the child has been adopted by a non-stepparent, grandparent visitation rights are generally extinguished. Where a stepparent adoption occurs while one natural parent retains rights, grandparents may retain standing.

One procedural rule deserves particular attention: no grandparent may seek a new visitation order more than once every two years without court approval. Petitions must be filed in the county where the child resides or where the original custody case is located. For Colorado Springs grandparents, that is typically El Paso County District Court.

Grandparent Family Time vs. Allocation of Parental Responsibilities

Colorado law distinguishes between two separate legal tracks, and the difference shapes everything about how a case is built and argued.

Grandparent Family Time (Visitation)

Grandparent family time grants scheduled time with a grandchild but doesn’t give the grandparent any decision-making authority over the child’s education, medical care, or other major matters. This is the more common track and carries a lower evidentiary threshold than custody, though the burden of proof remains substantial.

Allocation of Parental Responsibilities (Custody)

Allocation of parental responsibilities gives the grandparent actual decision-making authority and/or primary physical care of the child. It is a considerably higher bar. A grandparent may petition for this track if they have provided actual physical care of the child for at least six months, and that petition must be filed within six months of the physical care ending. Courts approach this track with considerably more scrutiny: the grandparent must demonstrate that denying custody would significantly impair the child’s health or development. When a child is removed from a parent’s home in a dependency and neglect proceeding, grandparents are generally given placement preference over non-relative foster parents under Colorado law.

The Legal Standard Colorado Courts Apply

Colorado courts apply the child’s interests standard in grandparent cases, but reaching that analysis requires clearing a preliminary hurdle first. Under C.R.S. §14-10-124.4, as codified and clarified by HB23-1026, there is a rebuttable presumption that any parental decision regarding grandparent access is in the child’s interests. This presumption traces to the U.S. Supreme Court’s 2000 ruling in Troxel v. Granville, which held that parents’ decisions about who may spend time with their children carry significant constitutional weight.

To overcome the presumption, a grandparent must present clear and convincing evidence. This is a higher standard than the simple preponderance used in most civil matters. If a parent objects to grandparent family time, that objection is given heavy legal weight, and the grandparent bears the burden of proving the objection is not in the child’s interests.

When evaluating what arrangement serves the child, courts weigh factors including:

• The strength and quality of the existing grandparent-grandchild relationship
• The child’s adjustment to home, school, and community
• The child’s preferences, if the child is sufficiently mature to express them
• The mental and physical health of all parties involved
• Any parental objection and the weight it deserves given the circumstances

HB23-1026 also authorized courts to appoint a Child’s Legal Representative (CLR). This is an attorney representing the child’s interests directly in contested grandparent visitation matters. When a CLR is appointed, the case involves an additional advocate whose position the court considers independently.

How Drexler Law Represents Grandparents in Colorado Springs

Matthew Drexler holds the Top One Percent designation from the National Association of Distinguished Counsel (2015–2019) and has earned AV Preeminent, Client Review Rated 5.0/5.0 from Martindale-Hubbell (2015–2019). Teresa Drexler received the Martindale-Hubbell Silver Client Champion distinction for 2026. These recognitions reflect a sustained record of legal quality and client satisfaction. Those credentials matter when your case involves a high evidentiary burden and contested family dynamics.

We approach each grandparent’s case as its own. The circumstances that brought you here, whether a parent’s death, a divorce, a dependency proceeding, or a sudden cutoff of contact, shape the strategy we build. Our attorneys assist grandparents with:

• Assessing whether qualifying circumstances exist to establish standing under C.R.S. §14-10-124.4
• Preparing and filing the petition and supporting affidavit
• Gathering and organizing evidence of the grandparent-grandchild relationship
• Managing filing deadlines, including the two-year refiling restriction
• Representing clients at hearings in El Paso County District Court

Building a strong case typically means documenting the depth of the existing relationship through photos, communication records, school or activity involvement, and accounts from teachers, neighbors, or other family members. In some cases, pursuing mediation or another form of alternative dispute resolution before a contested hearing can demonstrate good faith to the court and can produce a mutually agreed family time arrangement without further litigation. We communicate clearly at every stage so you understand where your case stands and what comes next.

Protect Your Relationship with Your Grandchildren

Drexler Law offers consultations for grandparents seeking to understand their rights under Colorado law. Whether you’re trying to determine if you have standing to petition, preparing to file, or facing a parent’s opposition to an existing arrangement, our attorneys can help you assess your options and discuss next steps.

To speak with a Colorado Springs grandparents’ rights attorney at Drexler Law, call (719) 259-0050 or contact us online today.