In re Parental Responsibilities Concerning K.M.S.

2025 CO 35. No. 24SC788. Statutory Construction—Plain Language—Standing—Grandparent Visitation.

June 9, 2025

The supreme court considered standing to seek grandparent visitation pursuant to CRS § 19-1-117 and concluded that, in accord with the definition of “grandparent” under CRS § 19-1-103(70)(a), such standing is limited to one who is presently the parent of a child’s father or mother. Under Colorado law, upon adoption, the adoptive parties become, for all intents and purposes, the child’s sole parents. Accordingly, following an adoption, the parents of a child’s former father or mother no longer meet the statutory definition of “grandparent.” Thus, the court held that after children are adopted, the parents of a deceased father or mother lack standing to seek grandparent visitation.