(1) (a) (I) Except as otherwise
provided in subsection (1)(b)(I) of this section, 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. The trial court retains
continuing jurisdiction to make or modify an order granting or denying parenting
time rights pursuant to this section during the pendency of an appeal.
(II) In those cases in which a party with whom the child resides a majority of
the time is seeking to relocate with the child to a residence that substantially
changes the geographical ties between the child and the other party, the court, in
determining whether the modification of parenting time is in the best interests of
the child, shall take into account all relevant factors, including those enumerated in
paragraph (c) of subsection (2) of this section. The party who is intending to
relocate with the child to a residence that substantially changes the geographical
ties between the child and the other party shall provide the other party with written
notice as soon as practicable of his or her intent to relocate, the location where the
party intends to reside, the reason for the relocation, and a proposed revised
parenting time plan. A court hearing on any modification of parenting time due to an
intent to relocate shall be given a priority on the court's docket.
(b) (I) 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. In addition to a finding that
parenting time would endanger the child's physical health or significantly impair
the child's emotional development, in any order imposing or continuing a parenting
time restriction, the court shall enumerate the specific factual findings supporting
the restriction. Nothing in this section shall be construed to affect grandparent or
great-grandparent family time granted pursuant to section 14-10-124.4.
(II) The provisions of subparagraph (I) of this paragraph (b) shall not apply in
those cases in which a party with whom the child resides a majority of the time is
intending to relocate with the child to a residence that substantially changes the
geographical ties between the child and the other party.
(1.5) If a motion for a substantial modification of parenting time which also
changes the party with whom the child resides a majority of the time has been filed,
whether or not it has been 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 the child's present environment may endanger the child's physical
health or significantly impair the child's emotional development or that the party
with whom the child resides a majority of the time is intending to relocate with the
child to a residence that substantially changes the geographical ties between the
child and the other party.
(2) The court shall not modify a prior order concerning parenting time that
substantially changes the parenting time as well as changes the party with whom
the child resides a majority of the time 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
party with whom the child resides the majority of the time and that the modification
is necessary to serve the best interests of the child. In applying these standards,
the court shall retain the parenting time schedule established in the prior decree
unless:
(a) The parties agree to the modification; or
(b) The child has been integrated into the family of the moving party with the
consent of the other party; or
(c) The party with whom the child resides a majority of the time is intending
to relocate with the child to a residence that substantially changes the
geographical ties between the child and the other party. A court hearing on any
modification of parenting time due to an intent to relocate shall be given a priority
on the court's docket. In determining whether the modification of parenting time is
in the best interests of the child, the court shall take into account all relevant
factors, including whether a party has committed an act of domestic violence, has
engaged in a pattern of domestic violence, or has a history of domestic violence, as
that term is defined in section 14-10-124 (1.3), which factor shall be supported by a
preponderance of the evidence, and shall consider such domestic violence whether
it occurred before or after the prior decree, and all other factors enumerated in
section 14-10-124 (1.5)(a) and:
(I) The reasons why the party wishes to relocate with the child;
(II) The reasons why the opposing party is objecting to the proposed
relocation;
(III) The history and quality of each party's relationship with the child since
any previous parenting time order;
(IV) The educational opportunities for the child at the existing location and at
the proposed new location;
(V) The presence or absence of extended family at the existing location and
at the proposed new location;
(VI) Any advantages of the child remaining with the primary caregiver;
(VII) The anticipated impact of the move on the child;
(VIII) Whether the court will be able to fashion a reasonable parenting time
schedule if the change requested is permitted; and
(IX) Any other relevant factors bearing on the best interests of the child; or
(d) The child's present environment endangers 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.
(2.5) (a) When the court restricts a party's parenting time pursuant to section
19-5-105.5, C.R.S., or section 19-5-105.7, C.R.S., or section 14-10-124 (4)(a)(IV), 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.
Within thirty-five days after the filing of a verified motion by the restricted party
seeking a modification of parenting time, the court shall determine from the verified
motion, and response to the motion, if any, whether there has been a substantial
and continuing change of circumstances such that the current parenting time
orders are no longer in the child's best interests, including consideration of whether
the restricted parent has satisfactorily complied with any conditions set forth by
the court when the court imposed the restrictions on parenting time, and either:
(I) Deny the motion, if there is an inadequate allegation; or
(II) Set the matter for hearing as expeditiously as possible with notice to the
parties of the time and place of the hearing.
(b) If the court finds that the filing of a motion pursuant to subsection (2.5)(a)
of this section was substantially frivolous, substantially groundless, substantially
vexatious, or intended to harass or intimidate the other party, the court shall require
the moving party to pay the reasonable and necessary attorney fees or licensed
legal paraprofessional fees and costs of the other party.
(3) (a) If a parent has been convicted of any of the crimes listed in subsection
(3)(b) of this section or convicted in another state or jurisdiction, including, but not
limited to, a military or federal jurisdiction, of an offense that, if committed in
Colorado, would constitute any of the crimes listed in subsection (3)(b) of this
section, 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), that constitutes a potential threat or endangerment to the
child, the other parent, or any other person who has been granted custody of or
parental responsibility for the child pursuant to court order may file an objection to
parenting time with the court. The other parent or other person having custody or
parental responsibility shall give notice to the offending parent of the objection as
provided by the Colorado rules of civil procedure, and the offending parent has
twenty-one days from the notice to respond. If the offending parent fails to respond
within twenty-one days, the parenting time rights of the parent are suspended until
further order of the court. If the parent responds and objects, a hearing must be
held within thirty-five days after the response. The court may determine that any
offending parent who responds and objects is responsible for the costs associated
with any hearing, including reasonable attorney fees or licensed legal
paraprofessional fees incurred by the other parent. In making the determination,
the court must consider the criminal record of the offending parent and any actions
to harass the other parent and the children, any mitigating actions by the offending
parent, and whether the actions of either parent have been substantially frivolous,
substantially groundless, or substantially vexatious. The offending parent has the
burden at the hearing to prove that parenting time by the 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) (A) Sexual assault, as described in section 18-3-402, C.R.S.; and
(B) Sexual assault in the first degree, as described in section 18-3-402,
C.R.S., as it existed prior to July 1, 2000;
(V) Sexual assault in the second degree, as described in section 18-3-403,
C.R.S., as it existed prior to July 1, 2000;
(VI) (A) Unlawful sexual contact if the victim is compelled to submit, as
described in section 18-3-404 (2), C.R.S.; and
(B) Sexual assault in the third degree if the victim is compelled to submit, as
described in section 18-3-404 (2), C.R.S., as it existed prior to July 1, 2000;
(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) Human trafficking of a minor for sexual servitude, as described in
section 18-3-504 (2), 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.
(c) If the party was convicted in another state or jurisdiction of an offense
that, if committed in Colorado, would constitute an offense listed in subparagraphs
(III) to (XX) of paragraph (b) of this subsection (3), the court shall order that party to
submit to a sex-offense-specific evaluation and a parental risk assessment in
Colorado and the court shall consider the recommendations of the evaluation and
the assessment in any order the court makes relating to parenting time or parental
contact. The convicted party shall pay for the costs of the evaluation and the
assessment.
(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 fourteen days after the day of the filing of the motion. Any parenting
time which occurs during such fourteen-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 filing a motion pursuant to 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 or licensed legal paraprofessional fees and
costs of the other party.