C.R.S. Section 14-10-131
Modification of custody or decision-making responsibility

(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.

Source: Section 14-10-131 — Modification of custody or decision-making responsibility, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑10‑101
Short title 14‑10‑102
Purposes - rules of construction 14‑10‑103
Definitions and interpretation of terms 14‑10‑104
Uniformity of application and construction 14‑10‑104.5
Legislative declaration 14‑10‑105
Application of Colorado rules of civil procedure 14‑10‑106
Dissolution of marriage - legal separation 14‑10‑106.5
Dissolution of civil unions - legal separation - jurisdiction - applicability of article and case law 14‑10‑107
Commencement - pleadings - abolition of existing defenses - automatic, temporary injunction - enforcement 14‑10‑107.5
Entry of appearance and notice of withdrawal by delegate child support enforcement unit 14‑10‑107.7
Required notice of involvement with state department of human services 14‑10‑107.8
Required notice of prior restraining, civil protection, or emergency protection orders to prevent domestic abuse - petitions for dissolution of marriage or legal separation 14‑10‑108
Temporary orders in a dissolution case 14‑10‑109
Enforcement of protection orders 14‑10‑110
Irretrievable breakdown 14‑10‑111
Declaration of invalidity 14‑10‑112
Separation agreement 14‑10‑113
Disposition of property - definitions 14‑10‑114
Spousal maintenance - advisory guidelines - legislative declaration - definitions 14‑10‑115
Child support guidelines - purpose - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission - definitions 14‑10‑116
Appointment in domestic relations cases - representation of the best interests of the child - legal representative of the child - disclosure - short title 14‑10‑116.5
Appointment in domestic relations cases - child and family investigator - disclosure - background check 14‑10‑117
Payment of maintenance or child support 14‑10‑118
Enforcement of orders 14‑10‑119
Attorney’s fees 14‑10‑120
Decree 14‑10‑120.2
Ex-parte request for restoration of prior name of party 14‑10‑120.3
Dissolution of marriage or legal separation upon affidavit - requirements 14‑10‑120.5
Petition - fee - assessment - displaced homemakers fund 14‑10‑121
Independence of provisions of decree or temporary order 14‑10‑122
Modification and termination of provisions for maintenance, support, and property disposition - automatic lien - definitions 14‑10‑123
Commencement of proceedings concerning allocation of parental responsibilities - jurisdiction - automatic temporary injunction - enforcement - definitions 14‑10‑123.3
Requests for parental responsibility for a child by grandparents 14‑10‑123.4
Rights of children in matters relating to parental responsibilities 14‑10‑123.6
Required notice of prior restraining orders to prevent domestic abuse - proceedings concerning parental responsibilities relating to a child - resources for family services 14‑10‑123.7
Parental education - legislative declaration 14‑10‑123.8
Access to records 14‑10‑124
Best interests of the child 14‑10‑124.4
Family time for grandparents or great-grandparents - legislative declaration - definitions 14‑10‑124.5
Disputes concerning grandparent or great-grandparent family time 14‑10‑125
Temporary orders 14‑10‑126
Interviews 14‑10‑127
Evaluation and reports - training and qualifications of evaluators - disclosure 14‑10‑127.5
Domestic violence training for court personnel - expert testimony - child placement decisions - legislative declaration - definitions 14‑10‑128
Hearings 14‑10‑128.1
Appointment of parenting coordinator - disclosure 14‑10‑128.3
Appointment of decision-maker - disclosure 14‑10‑128.5
Appointment of arbitrator - de novo hearing of award 14‑10‑129
Modification of parenting time 14‑10‑129.5
Disputes concerning parenting time 14‑10‑130
Judicial supervision 14‑10‑131
Modification of custody or decision-making responsibility 14‑10‑131.7
Designation of custody for the purpose of other state and federal statutes 14‑10‑131.8
Construction of 1999 revisions 14‑10‑132
Affidavit practice 14‑10‑133
Effective date - applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 14-10-131’s source at colorado​.gov