reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 2 - JURISDICTION (§§ 14-13-201 — 14-13-210) › Section 14-13-203 - Jurisdiction to modify determination

(1)
Except as otherwise provided in section
14-13-204
, a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section
14-13-201(1)(a)
or
14-13-201(1)(b)
and:
(a)
The court of the other state determines it no longer has exclusive, continuing jurisdiction under a provision of law adopted by that state that is in substantial conformity with section
14-13-202
or that a court of this state would be a more convenient forum under a provision of law adopted by that state that is in substantial conformity with section
14-13-207
; or
(b)
A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
L. 2000: Entire article R&RE, p. 1525, § 1, effective July 1.
This section is similar to former § 14-13-115 as it existed prior to 2000.
OFFICIAL COMMENT
This section complements Section
14-13-202
and is addressed to the court that is confronted with a proceeding to modify a custody determination of another State. It prohibits a court from modifying a custody determination made consistently with this Act by a court in another State unless a court of that State determines that it no longer has exclusive, continuing jurisdiction under Section
14-13-202
or that this State would be a more convenient forum under Section
14-13-207
. The modification State is not authorized to determine that the original decree State has lost its jurisdiction. The only exception is when the child, the child's parents, and any person acting as a parent do not presently reside in the other State. In other words, a court of the modification State can determine that all parties have moved away from the original State. The court of the modification State must have jurisdiction under the standards of Section
14-13-201
.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 2 - JURISDICTION (§§ 14-13-201 — 14-13-210) › Section 14-13-210 - Appearance of parties and child

(1)
In a child-custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(2)
If a party to a child-custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to section
14-13-108
include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(3)
The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(4)
If a party to a child-custody proceeding who is outside this state is directed to appear under subsection (2) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
L. 2000: Entire article R&RE, p. 1530, § 1, effective July 1.
This section is similar to former § 14-13-112 as it existed prior to 2000.
OFFICIAL COMMENT
No major changes have been made to this section which was Section 11 of the UCCJA. Language was added to subsection (1) to authorize the court to require a non-party who has physical custody of the child to produce the child.
Subsection (3) authorizes the court to enter orders providing for the safety of the child and the person ordered to appear with the child. If safety is a major concern, the court, as an alternative to ordering a party to appear with the child, could order and arrange for the party's testimony to be taken in another State under Section
14-13-111
. This alternative might be important when there are safety concerns regarding requiring victims of domestic violence or child abuse to travel to the jurisdiction where the abuser resides.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 3 - ENFORCEMENT (§§ 14-13-301 — 14-13-314) › Section 14-13-301 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Petitioner" means a person who seeks enforcement of an order for the return of a child under the "Hague Convention on the Civil Aspects of International Child Abduction" or enforcement of a child-custody determination.
(2)
"Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for the return of a child under the "Hague Convention on the Civil Aspects of International Child Abduction" or enforcement of a child-custody determination.
L. 2000: Entire article R&RE, p. 1530, § 1, effective July 1.
OFFICIAL COMMENT
For purposes of this part, "petitioner" and "respondent" are defined. The definitions clarify certain aspects of the notice and hearing sections.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 3 - ENFORCEMENT (§§ 14-13-301 — 14-13-314) › Section 14-13-302 - Enforcement under Hague Convention

Under this part 3 a court of this state may enforce an order for the return of the child made under the "Hague Convention on the Civil Aspects of International Child Abduction" as if it were a child-custody determination.
L. 2000: Entire article R&RE, p. 1531, § 1, effective July 1.
OFFICIAL COMMENT
This section applies the enforcement remedies provided by this part to orders requiring the return of a child issued under the authority of the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., implementing the Hague Convention on the Civil Aspects of International Child Abduction. Specific mention of ICARA proceedings is necessary because they often occur prior to any formal custody determination. However, the need for a speedy enforcement remedy for an order to return the child is just as necessary.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 3 - ENFORCEMENT (§§ 14-13-301 — 14-13-314) › Section 14-13-304 - Temporary visitation or parenting time

(1)
A court of this state that does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing:
(a)
A visitation or parenting time schedule made by a court of another state; or
(b)
The visitation or parenting time provisions of a child-custody determination of another state that does not provide for a specific visitation or parenting time schedule.
(2)
If a court of this state makes an order under paragraph (b) of subsection (1) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under criteria substantially in conformity with those criteria specified in part 2 of this article. The order remains in effect until an order is obtained from the other court or the period expires.
L. 2000: Entire article R&RE, p. 1531, § 1, effective July 1.
OFFICIAL COMMENT
This section authorizes a court to issue a temporary order if it is necessary to enforce visitation rights without violating the rules on nonmodification contained in Section
14-13-303
. Therefore, if there is a visitation schedule provided in the custody determination that was made in accordance with Part 2, a court can issue an order under this section implementing the schedule. An implementing order may include make-up or substitute visitation.
A court may also issue a temporary order providing for visitation if visitation was authorized in the custody determination, but no specific schedule was included in the custody determination. Such an order could include a substitution of a specific visitation schedule for "reasonable and seasonable."
However, a court may not, under subsection (1)(b) provide for a permanent change in visitation. Therefore, requests for a permanent change in the visitation schedule must be addressed to the court with exclusive, continuing jurisdiction under Section
14-13-202
or modification jurisdiction under Section
14-13-203
. As under Section
14-13-204
, subsection (2) of this section requires that the temporary visitation order stay in effect only long enough to allow the person who obtained the order to obtain a permanent modification in the State with appropriate jurisdiction under Part 2.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 3 - ENFORCEMENT (§§ 14-13-301 — 14-13-314) › Section 14-13-306 - Enforcement of registered determination

(1)
A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state.
(2)
A court of this state shall recognize and enforce, but may not modify, except in accordance with part 2 of this article, a registered child-custody determination of a court of another state.
L. 2000: Entire article R&RE, p. 1533, § 1, effective July 1.
This section is similar to former §§ 14-13-115 and 14-13-116, as they existed prior to 2000.
OFFICIAL COMMENT
A registered child-custody determination can be enforced as if it was a child-custody determination of this State. However, it remains a custody determination of the State that issued it. A registered custody order is not subject to modification unless the State would have jurisdiction to modify the order under Part 2.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 3 - ENFORCEMENT (§§ 14-13-301 — 14-13-314) › Section 14-13-307 - Simultaneous proceedings

If a proceeding for enforcement under this part 3 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under a provision of law adopted by that state that is in substantial conformity with part 2 of this article, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
L. 2000: Entire article R&RE, p. 1533, § 1, effective July 1.
This section is similar to former § 14-13-107 as it existed prior to 2000.
OFFICIAL COMMENT
The pleading rules of Section
14-13-308
, require the parties to disclose any pending proceedings. Normally, an enforcement proceeding will take precedence over a modification action since the PKPA requires enforcement of child custody determinations made in accordance with its terms. However, the enforcement court must communicate with the modification court in order to avoid duplicative litigation. The courts might decide that the court with jurisdiction under Part 2 shall continue with the modification action and stay the enforcement proceeding. Or they might decide that the enforcement proceeding shall go forward. The ultimate decision rests with the court having exclusive, continuing jurisdiction under Section
14-13-202
, or if there is no State with exclusive, continuing jurisdiction, then the decision rests with the State that would have jurisdiction to modify under Section
14-13-203
. Therefore, if that court determines that the enforcement proceeding should be stayed or dismissed, the enforcement court should stay or dismiss the proceeding. If the enforcement court does not do so, the court with exclusive, continuing jurisdiction under Section
14-13-202
, or with modification jurisdiction under Section
14-13-203
, could enjoin the parties from continuing with the enforcement proceeding.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 3 - ENFORCEMENT (§§ 14-13-301 — 14-13-314) › Section 14-13-309 - Service of petition and order

Except as otherwise provided in section
14-13-311
, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.
L. 2000: Entire article R&RE, p. 1535, § 1, effective July 1.
OFFICIAL COMMENT
In keeping with other sections of this Act, the question of how the petition and order should be served is left to local law.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 3 - ENFORCEMENT (§§ 14-13-301 — 14-13-314) › Section 14-13-312 - Costs, fees, and expenses

(1)
The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the prevailing party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(2)
The court may not assess fees, costs, or expenses against a state unless authorized by law other than this article.
L. 2000: Entire article R&RE, p. 1536, § 1, effective July 1.
OFFICIAL COMMENT
This section is derived from the International Child Abduction Remedies Act, 42 U.S.C. § 11607(b)(3). Normally the court will award fees and costs against the non-prevailing party. Included as expenses are the amount of investigation fees incurred by private persons or by public officials as well as the cost of child placement during the proceedings.
The non-prevailing party has the burden of showing that such an award would be clearly inappropriate. Fees and costs may be inappropriate if their payment would cause the parent and child to seek public assistance.
This section implements the policies of Section 8(c) of Pub.L. 96-611 (part of the PKPA) which provides that: In furtherance of the purposes of section 1738A of title 28, United States Code [this section], as added by subsection (1) of this section, State courts are encouraged to --
(2) award to the person entitled to custody or visitation pursuant to a custody determination which is consistent with the provisions of such section 1738A [this section], necessary travel expenses, attorneys' fees, costs of private investigations, witness fees or expenses, and other expenses incurred in connection with such custody determination ... .
The term "prevailing party" is not given a special definition for this Act. Each State will apply its own standard.
Subsection (2) was added to ensure that this section would not apply to the State unless otherwise authorized. The language is taken from UIFSA § 313 (court may assess costs against obligee or support enforcement agency only if allowed by local law).
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 3 - ENFORCEMENT (§§ 14-13-301 — 14-13-314) › Section 14-13-313 - Recognition and enforcement

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this article that enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under a provision of law adopted by that state that is in substantial conformity with part 2 of this article.
L. 2000: Entire article R&RE, p. 1537, § 1, effective July 1.
OFFICIAL COMMENT
The enforcement order, to be effective, must also be enforced by other States. This section requires courts of this State to enforce and not modify enforcement orders issued by other States when made consistently with the provisions of this Act.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 3 - ENFORCEMENT (§§ 14-13-301 — 14-13-314) › Section 14-13-314 - Appeals

An appeal may be taken from a final order in a proceeding under this part 3 in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section
14-13-204
, the enforcing court may not stay an order enforcing a child-custody determination pending appeal.
L. 2000: Entire article R&RE, p. 1537, § 1, effective July 1.
OFFICIAL COMMENT
The order may be appealed as an expedited civil matter. An enforcement order should not be stayed by the court. Provisions for a stay would defeat the purpose of having a quick enforcement procedure. If there is a risk of serious mistreatment or abuse to the child, a petition to assume emergency jurisdiction must be filed under Section
14-13-204
. This section leaves intact the possibility of obtaining an extraordinary remedy such as mandamus or prohibition from an appellate court to stay the court's enforcement action. In many States, it is not possible to limit the constitutional authority of appellate courts to issue a stay. However, unless the information before the appellate panel indicates that emergency jurisdiction would be assumed under Section
14-13-204
, there is no reason to stay the enforcement of the order pending appeal.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 14-13-401 — 14-13-403) › Section 14-13-401 - Application and construction

In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
L. 2000: Entire article R&RE, p. 1537, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 14-13-401 — 14-13-403) › Section 14-13-402 - Severability clause

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
L. 2000: Entire article R&RE, p. 1537, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 14-13-101 — 14-13-403) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 14-13-401 — 14-13-403) › Section 14-13-403 - Transitional provision

A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination that was commenced before July 1, 2000, is governed by the law in effect at the time the motion or other request was made.
L. 2000: Entire article R&RE, p. 1537, § 1, effective July 1.
OFFICIAL COMMENT
A child custody proceeding will last throughout the minority of the child. The commencement of a child custody proceeding prior to this Act does not mean that jurisdiction will continued to be governed by prior law. The provisions of this act apply if a motion to modify an existing determination is filed after the enactment of this Act. A motion that is filed prior to enactment may be completed under the rules in effect at the time the motion is filed.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.5 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 14-13.5-101 — 14-13.5-112) › Section 14-13.5-101 - Short title

This article may be cited as the "Uniform Child Abduction Prevention Act".
L. 2007: Entire article added, p. 767, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.5 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 14-13.5-101 — 14-13.5-112) › Section 14-13.5-103 - Cooperation and communication among courts

Sections
14-13-110
,
14-13-111
, and
14-13-112
shall apply to cooperation and communications among courts in proceedings under this article.
L. 2007: Entire article added, p. 768, § 1, effective May 14.
OFFICIAL COMMENT
It is possible, even likely, that abduction situations will involve more than one state. Thus, there is a need for mechanisms for communication among courts, for testimony to be obtained quickly by means other than physical presence, and for cooperation between courts in different states. Sections 110, 111, and 112 of the Uniform Child Custody Jurisdiction and Enforcement Act [sections 14-13-110, 14-13-111, and 14-13-112, C.R.S.] provide mechanisms to deal with these issues. States that do not have the Uniform Child Custody Jurisdiction and Enforcement Act may want to include these provisions or use some similar provision of existing state law.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.5 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 14-13.5-101 — 14-13.5-112) › Section 14-13.5-104 - Actions for abduction prevention measures

(1)
A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
(2)
A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this article.
L. 2007: Entire article added, p. 768, § 1, effective May 14.
OFFICIAL COMMENT
An abduction may occur before a child-custody proceeding has commenced, after the filing but before entry of a child-custody determination, or in violation of an existing child- custody determination. To obtain abduction prevention measures, either the court on its own may impose the measures or a party to a child custody proceeding or an individual or entity having the right to seek custody may file a petition seeking abduction prevention measures.
A court hearing a child custody case may determine that the evidence shows a credible risk of abduction. Therefore, even without a party filing a petition under this Act, the court on its own motion can impose appropriate abduction prevention measures. Usually, however, a parent who fears that the other parent or family members are preparing to abduct the child will file a petition in an existing custody dispute. An individual or other entity, such as the state child welfare agency, which has a right to lawful custody may file a petition alleging a risk of abduction and seeking prevention measures with respect to a child who is not yet the subject of a child-custody determination.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.5 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 14-13.5-101 — 14-13.5-112) › Section 14-13.5-110 - Duration of abduction prevention order

(1)
An abduction prevention order remains in effect until the earliest of:
(a)
The time stated in the order;
(b)
The emancipation of the child;
(c)
The child's attaining eighteen years of age; or
(d)
The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under sections
14-13-201
to
14-13-203
.
L. 2007: Entire article added, p. 775, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.5 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 14-13.5-101 — 14-13.5-112) › Section 14-13.5-111 - Uniformity of applications and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
L. 2007: Entire article added, p. 775, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.5 - UNIFORM CHILD ABDUCTION PREVENTION ACT (§§ 14-13.5-101 — 14-13.5-112) › Section 14-13.5-112 - Relation to electronic signatures in global and national commerce act

This article modifies, limits, and supersedes the federal "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7001
, et seq., but does not modify, limit, or supersede section 101(c) of the act,
15 U.S.C. sec. 7001(c)
, of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act,
15 U.S.C. sec. 7003(b)
.
L. 2007: Entire article added, p. 775, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 1 - GENERAL PROVISIONS (§§ 14-13.7-101 — 14-13.7-107) › Section 14-13.7-101 - Short title

This article shall be known and may be cited as the "Uniform Deployed Parents Custody and Visitation Act".
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 624, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 1 - GENERAL PROVISIONS (§§ 14-13.7-101 — 14-13.7-107) › Section 14-13.7-104 - Jurisdiction

(1)
A court may issue an order regarding custodial responsibility under this article only if the court has jurisdiction under article
13
of this title.
(2)
If a court has issued an interim order regarding custodial responsibility pursuant to part 3 of this article, the residence of the deploying parent is not changed by reason of the deployment for the purposes of article
13
of this title.
(3)
If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to part 2 of this article, the residence of the deploying parent is not changed by reason of the deployment for the purposes of article
13
of this title.
(4)
If a court in another state has issued an interim order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of article
13
of this title.
(5)
This section does not prevent a court from exercising emergency jurisdiction under article
13
of this title.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 627, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 1 - GENERAL PROVISIONS (§§ 14-13.7-101 — 14-13.7-107) › Section 14-13.7-105 - Notification required of deploying parent

(1)
Except as otherwise provided in subsection (4) of this section and subject to subsection (3) of this section, in cases where there has been a prior determination of custody, a deploying parent shall notify in a record the other parent of a pending deployment not later than twelve calendar days after receiving deployment orders unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within twelve calendar days, the deploying parent shall give the notification as soon as reasonably possible.
(2)
Except as otherwise provided in subsection (4) of this section and subject to subsection (3) of this section, each parent shall provide in a record to the other parent a plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (1) of this section.
(3)
If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (1) of this section or notification of a plan for custodial responsibility during deployment under subsection (2) of this section may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(4)
Notification in a record under subsection (1) or (2) of this section is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 627, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 1 - GENERAL PROVISIONS (§§ 14-13.7-101 — 14-13.7-107) › Section 14-13.7-106 - Duty to notify of change of address

(1)
Except as otherwise provided in subsection (2) of this section, an individual to whom custodial responsibility has been granted during deployment pursuant to part 2 or 3 of this article shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is in effect. This notice provision does not alter the provisions of section
14-10-129
.
(2)
If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (1) of this section may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 628, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 1 - GENERAL PROVISIONS (§§ 14-13.7-101 — 14-13.7-107) › Section 14-13.7-107 - General consideration in custody proceeding of parent's military service

In a proceeding for custodial responsibility of a child of a service member, a parent's past deployment or possible future deployment in itself may not serve as the sole basis in determining the best interest of the child. Nothing in this section shall be construed as prohibiting the court from applying section
14-10-124
in determining the best interest of the child.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 628, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 2 - AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 14-13.7-201 — 14-13.7-205) › Section 14-13.7-201 - Form of agreement

(1)
The parents of a child may enter into an interim agreement under this article granting custodial responsibility during deployment.
(2)
An agreement under subsection (1) of this section must be:
(a)
In writing; and
(b)
Signed by both parents and any nonparent to whom custodial responsibility is granted.
(3)
Subject to subsection (4) of this section, an agreement under subsection (1) of this section, if feasible, must:
(a)
Identify the destination, duration, and conditions of the deployment that is the basis for the agreement;
(b)
Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;
(c)
Specify any decision-making authority that accompanies a grant of caretaking authority;
(d)
Specify any grant of limited contact to a nonparent;
(e)
If, under the agreement, custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
(f)
Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;
(g)
Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(h)
Acknowledge that any party's child-support obligation cannot be modified by the agreement alone, and that changing the terms of the obligation during deployment requires modification by court order;
(i)
Provide that the agreement will terminate according to the procedures under part 4 of this article after the deploying parent returns from deployment; and
(j)
If the agreement must be filed pursuant to section
14-13.7-205
, specify which parent is required to file the agreement.
(4)
The omission of any of the items specified in subsection (3) of this section does not invalidate an agreement under this section.
(5)
The agreement may be submitted to the court for approval to become an enforceable order.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 628, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 2 - AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 14-13.7-201 — 14-13.7-205) › Section 14-13.7-202 - Nature of authority created by agreement

(1)
An agreement under this part 2 is an interim agreement and terminates pursuant to part 4 of this article after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under section
14-13.7-203
. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.
(2)
A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this part 2 has standing to enforce the agreement until it has been terminated by court order, by modification under section
14-13.7-203
, or under part 4 of this article.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 629, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 2 - AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 14-13.7-201 — 14-13.7-205) › Section 14-13.7-203 - Modification of agreement

(1)
By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this part 2.
(2)
If an agreement is modified under subsection (1) of this section before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
(3)
If an agreement is modified under subsection (1) of this section during deployment of a deploying parent, the modification must be agreed to in a record that is signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement, and the modified agreement may be submitted to the court for approval to become an enforceable order.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 629, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 2 - AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 14-13.7-201 — 14-13.7-205) › Section 14-13.7-204 - Power of attorney

A deploying parent, by power of attorney, may delegate all or part of his or her custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this article, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 2 - AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 14-13.7-201 — 14-13.7-205) › Section 14-13.7-205 - Filing agreement or power of attorney with court

An agreement or power of attorney under this part 2 must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 14-13.7-301 — 14-13.7-311) › Section 14-13.7-301 - Definition

In this part 3, "close and substantial relationship" means a relationship between a child and a nonparent who has had physical care of the child for more than one hundred eighty-two days.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 14-13.7-301 — 14-13.7-311) › Section 14-13.7-302 - Proceeding for interim custody order

(1)
After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue an interim order, consistent with the best interests of the child, granting custodial responsibility, unless prohibited by the "Servicemembers Civil Relief Act", 50 U.S.C. appendix sections 521 and 522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(2)
At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under section
14-13.7-104
or, if there is no pending proceeding in a court with jurisdiction under section
14-13.7-104
, in a new action for granting custodial responsibility during deployment.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 14-13.7-301 — 14-13.7-311) › Section 14-13.7-303 - Expedited hearing

If a motion to grant custodial responsibility is filed under section
14-13.7-302(2)
before a deploying parent deploys, the court shall conduct an expedited hearing.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 14-13.7-301 — 14-13.7-311) › Section 14-13.7-304 - Testimony by electronic means

In a proceeding under this part 3, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 14-13.7-301 — 14-13.7-311) › Section 14-13.7-305 - Effect of prior judicial order or agreement

(1)
In a proceeding for a grant of custodial responsibility pursuant to this part 3, the following rules apply:
(a)
A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this article for modifying a judicial order regarding custodial responsibility;
(b)
The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under part 2 of this article, unless the court finds that the agreement is not in the best interest of the child.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, § 2, effective May 10.
2023 Colorado Revised Statutes › Title 14 - DOMESTIC MATTERS (§§ 14-1-101 — 14-15-119) › DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES (§§ 14-10-101 — 14-13.7-504) › Article 13.7 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 14-13.7-101 — 14-13.7-504) › Part 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 14-13.7-301 — 14-13.7-311) › Section 14-13.7-306 - Grant of caretaking or decision-making authority to nonparent

(1)
On motion of a deploying parent and in accordance with law of this state other than this article, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.
(2)
Unless a grant of caretaking authority to a nonparent under subsection (1) of this section is agreed to by the other parent, the grant is limited to an amount of time not greater than:
(a)
The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or
(b)
In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.
(3)
If a court finds that it is in the best interests of the child, the court may grant part of a deploying parent's decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.
Added by 2013 Ch. 174,§ 2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, § 2, effective May 10.