§ 14-13-102 — Definitions

Colorado § 14-13-102

• Jurisdiction: Colorado
• Title 14: Domestic
• Art.: Uniform Child-custody Jurisdiction

Text

As used in this article 13, unless the context
otherwise requires:

(1) Abandoned means left without provision for reasonable and necessary
care or supervision.

(2) Child means an individual who has not attained eighteen years of age.

(3) Child-custody determination means a judgment, decree, or other order
of a court providing for the legal custody or physical custody of a child or allocating
parental responsibilities with respect to a child or providing for visitation, parenting
time, or grandparent or great-grandparent family time with respect to a child. The
term includes a permanent, temporary, initial, and modification order. The term
does not include an order relating to child support or other monetary obligation of
an individual.

(4) Child-custody proceeding means a proceeding in which legal custody
or physical custody with respect to a child or the allocation of parental
responsibilities with respect to a child or visitation, parenting time, or grandparent
or great-grandparent family time with respect to a child is an issue. The term
includes a proceeding for divorce, dissolution of marriage, legal separation,
neglect, abuse, dependency, guardianship, paternity, termination of parental rights,
and protection from domestic violence and domestic abuse, in which the issue may
appear. The term does not include a proceeding involving juvenile delinquency,
except when such court is entering an order to allocate parental responsibilities,
contractual emancipation, or enforcement under part 3 of this article 13.

(5) Commencement means the filing of the first pleading in a proceeding.

(6) Court means an entity authorized under the law of a state to establish,
enforce, or modify a child-custody determination.

(7) (a) Home state means the state in which a child lived with a parent or a
person acting as a parent for at least one hundred eighty-two consecutive days
immediately before the commencement of a child-custody proceeding. In the case
of a child less than six months of age, the term means the state in which the child
lived from birth with any of the persons mentioned. A period of temporary absence
of any of the mentioned persons is part of the period.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (7),
home state does not mean a state in which a child lived with a parent or a person
acting as a parent on a temporary basis as the result of an interim order entered
pursuant to article 13.7 of this title.

(8) Initial determination means the first child-custody determination
concerning a particular child.

(9) Issuing court means the court that makes a child-custody
determination for which enforcement is sought under this article.

(10) Issuing state means the state in which a child-custody determination is
made.

(11) Modification means a child-custody determination that changes,
replaces, supersedes, or is otherwise made after a previous determination
concerning the same child, whether or not it is made by the court that made the
previous determination.

(12) Person means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, government,
governmental subdivision, agency, or instrumentality, public corporation, or any
other legal or commercial entity.

(13) Person acting as a parent means a person, other than a parent, who:

(a) Has physical custody of the child or has had physical custody for a period
of one hundred eighty-two consecutive days, including any temporary absence,
within one year immediately before the commencement of a child-custody
proceeding; and

(b) Has been awarded legal custody or allocated parental responsibilities
with respect to a child by a court or claims a right to legal custody or parental
responsibilities under the law of this state.

(14) Physical custody means the physical care and supervision of a child.

(15) State means a state of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or any territory or insular possession
subject to the jurisdiction of the United States.

(16) Warrant means an order issued by a court authorizing law enforcement
officers to take physical custody of a child.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1519, � 1, effective July 1. L. 2008: (7) amended, p. 333, � 2, effective August 5. L. 2012: (7)(a) and (13)(a) amended, (SB 12-175), ch. 208, p. 834, � 35, effective July 1. L. 2013: (7)(b) amended, (HB 13-1200), ch. 174, p. 635, � 3, effective July 1. L. 2014: (3) and (4) amended, (HB 14-1362), ch. 374, p. 1790, � 6, effective June 6. L. 2017: IP and (4) amended, (HB 17-1110), ch. 137, p. 459, � 3, effective August 9. L. 2023: (3) and (4) amended, (HB 23-1026), ch. 243, p. 1307, � 5, effective August 7.