Colorado § 14-10-131 Modification of custody or decision-making responsibility

Colorado Statutes

§ 14-10-131 — Modification of custody or decision-making responsibility

Colorado·Title 14 Domestic·Art. Uniform Dissolution of Marriage Act

(1)If a motion for modification of a custody decree or a decree allocating decision-making responsibility has been filed, whether or not it was granted, no subsequent motion may be filed within two years after disposition of the prior motion unless the court decides, on the basis of affidavits, that there is reason to believe that a continuation of the prior decree of custody or order allocating decision-making responsibility may endanger the child's physical health or significantly impair the child's emotional development.

(2)The court shall not modify a custody decree or a decree allocating decision-making responsibility unless it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a c

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(1) If a
motion for modification of a custody decree or a decree allocating decision-making
responsibility has been filed, whether or not it was granted, no subsequent motion
may be filed within two years after disposition of the prior motion unless the court
decides, on the basis of affidavits, that there is reason to believe that a continuation
of the prior decree of custody or order allocating decision-making responsibility
may endanger the child's physical health or significantly impair the child's
emotional development.

(2) The court shall not modify a custody decree or a decree allocating
decision-making responsibility unless it finds, upon the basis of facts that have
arisen since the prior decree or that were unknown to the court at the time of the
prior decree, that a change has occurred in the circumstances of the child or the
child's custodian or party to whom decision-making responsibility was allocated
and that the modification is necessary to serve the best interests of the child. The
trial court retains jurisdiction to modify an order allocating decision-making
responsibility pursuant to this section during the pendency of an appeal. In applying
these standards, the court shall retain the allocation of decision-making
responsibility established by the prior decree unless:

(a) The parties agree to the modification;

(b) The child has been integrated into the family of the petitioner with the
consent of the other party and such situation warrants a modification of the
allocation of decision-making responsibilities;

(b.5) There has been a modification in the parenting time order pursuant to
section 14-10-129, that warrants a modification of the allocation of decision-making
responsibilities;

(b.7) A party has consistently consented to the other party making individual
decisions for the child which decisions the party was to make individually or the
parties were to make mutually; or

(c) The retention of the allocation of decision-making responsibility would
endanger the child's physical health or significantly impairs the child's emotional
development and the harm likely to be caused by a change of environment is
outweighed by the advantage of a change to the child.

Colorado § 14-10-131 (Modification of custody or decision-making responsibility) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 71: R&RE, p. 532, � 1. C.R.S. 1963: � 46-1-31. L. 83: (1) and IP(2) amended, p. 648, � 5, effective June 10. L. 98: Entire section amended, p. 1389, � 18, effective February 1, 1999. L. 2021: IP(2) amended, (HB 21-1031), ch. 116, p. 450, � 4, effective May 7.