NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 13-1243
      
      
      BY REPRESENTATIVE(S) Young, Buckner, Court, Duran, Gardner,
      Kagan, Lee, McLachlan, Pettersen, Salazar, Fields, Labuda, Lebsock, Levy,
      May, Melton, Mitsch Bush, Rosenthal;
      also SENATOR(S) Ulibarri, Aguilar, Newell.
      
      
      Concerning factual findings included in parenting time orders.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 14-10-124, amend
      (1.5) (a) introductory portion as follows:
      
           14-10-124.  Best interests of child. (1.5)  Allocation of parental
      responsibilities. The court shall determine the allocation of parental
      responsibilities, including parenting time and decision-making
      responsibilities, in accordance with the best interests of the child giving
      paramount consideration to the physical, mental, and emotional conditions
      and needs of the child as follows:
      
           (a)  Determination of parenting time. The court, upon the motion
      of either party or upon its own motion, may make provisions for parenting
      time that the court finds are in the child's best interests unless the court
      finds, after a hearing, that parenting time by the party 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. In
      determining the best interests of the child for purposes of parenting time,
      the court shall consider all relevant factors, including:
      
           SECTION 2.  In Colorado Revised Statutes, 14-10-129, amend (1)
      (b) (I) as follows:
      
           14-10-129.  Modification of parenting time. (1) (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 visitation granted pursuant to section 19-1-117, C.R.S.
      
           SECTION 3.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      7, 2013, if adjournment sine die is on May 8, 2013); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO