Shared Parenting Information Group (SPIG) UK

Colorado State Domestic Law [14-10-129]

Parenting time

Article 10 - Uniform Dissolution of Marriage Act

14-10-129. Parenting time.

(1) A parent not granted custody of the child is entitled to reasonable parenting time rights unless the court finds, after a hearing, that parenting time by the parent would endanger the child's physical health or significantly impair the child's emotional development.

(2) The court may make or modify an order granting or denying parenting time rights whenever such order or modification would serve the best interests of the child; but the court shall not restrict a parent's parenting time rights unless it finds that the parenting time would endanger the child's physical health or significantly impair the child's emotional development. Nothing in this section shall be construed to affect grandparent visitation granted pursuant to section 19-1-117, C.R.S.

(3)

(a) If a noncustodial parent has been convicted of any of the crimes listed in paragraph (b) of this subsection (3), or convicted of any crime in which the underlying factual basis has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), C.R.S., which constitutes a potential threat or endangerment to the child, the custodial parent or any other person who has been granted custody of the child pursuant to court order may file an objection to parenting time with the court. The custodial parent or other person having custody shall give notice to the noncustodial parent of such objection as provided by the Colorado rules of civil procedure, and the noncustodial parent shall have twenty days from such notice to respond. If the noncustodial parent fails to respond within twenty days, the parenting time rights of the noncustodial parent shall be suspended until further order of the court. If the noncustodial parent responds and objects, a hearing shall be held within thirty days of such response. The court may determine that any noncustodial parent who responds and objects shall be responsible for the costs associated with any hearing, including reasonable attorney fees incurred by the custodial parent. In making such determination, the court shall consider the criminal record of the noncustodial parent and any actions to harass the custodial parent and the children, any mitigating actions by the noncustodial parent, and whether the actions of either parent have been substantially frivolous, substantially groundless, or substantially vexatious. The noncustodial parent shall have the burden at the hearing to prove that parenting time by the noncustodial parent is in the best interests of the child or children.

(b) The provisions of paragraph (a) of this subsection (3) shall apply to the following crimes:


(I) Murder in the first degree, as defined in section 18-3-102, C.R.S.;
(II) Murder in the second degree, as defined in section 18-3-103, C.R.S.;
(III) Enticement of a child, as defined in section 18-3-305, C.R.S.;
(IV) Sexual assault in the first degree, as defined in section 18-3-402, C.R.S.;
(V) Sexual assault in the second degree, as defined in section 18-3-403, C.R.S.;
(VI) Sexual assault in the third degree if the victim is compelled to submit, as described in section 18-3-404 (2), C.R.S.;
(VII) Sexual assault on a child, as defined in section 18-3-405, C.R.S.;
(VIII) Incest, as described in section 18-6-301, C.R.S.;
(IX) Aggravated incest, as described in section 18-6-302, C.R.S.;
(X) Child abuse, as described in section 18-6-401 (7) (a) (I) to (7) (a) (IV), C.R.S.;
(XI) Trafficking in children, as defined in section 18-6-402, C.R.S.;
(XII) Sexual exploitation of children, as defined in section 18-6-403, C.R.S.;
(XIII) Procurement of a child for sexual exploitation, as defined in section 18-6-404, C.R.S.;
(XIV) Soliciting for child prostitution, as defined in section 18-7-402, C.R.S.;
(XV) Pandering of a child, as defined in section 18-7-403, C.R.S.;
(XVI) Procurement of a child, as defined in section 18-7-403.5, C.R.S.;
(XVII) Keeping a place of child prostitution, as defined in section 18-7-404, C.R.S.;
(XVIII) Pimping of a child, as defined in section 18-7-405, C.R.S.;
(XIX) Inducement of child prostitution, as defined in section 18-7-405.5, C.R.S.;
(XX) Patronizing a prostituted child, as defined in section 18-7-406, C.R.S.

(4) A motion to restrict parenting time or parental contact with a parent which alleges that the child is in imminent physical or emotional danger due to the parenting time or contact by the parent shall be heard and ruled upon by the court not later than seven days after the day of the filing of the motion. Any parenting time which occurs during such seven-day period after the filing of such a motion shall be supervised by an unrelated third party deemed suitable by the court or by a licensed mental health professional, as defined in section 14-10-127 (1) (b). This subsection (4) shall not apply to any motion which is filed pursuant to subsection (3) of this section.

(5) If the court finds that the filing of a motion under subsection (4) of this section was substantially frivolous, substantially groundless, or substantially vexatious, the court shall require the moving party to pay the reasonable and necessary attorney fees and costs of the other party.

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Correct as at 13 January 1997

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