First Regular Session

Sixty-first General Assembly

LLS NO. 97­0436.01 JGG HOUSE BILL 97­1014

STATE OF COLORADO

BY REPRESENTATIVE Gotlieb

JUDICIARY

A BILL FOR AN ACT

CONCERNING PARENTING PLANS IN CHILD CUSTODY PROCEEDINGS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Requires the parties in child custody cases, including, but not limited to, joint custody proceedings and modifications of child custody, to submit a parenting plan to the court. Identifies what a parenting plan shall include.

Authorizes the court to enter the parenting plan submitted by a party by default if it is in the best interests of the child and if the other party fails to submit a parenting plan.

Makes a conforming amendment to the joint custody statute.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Article 10 of title 14, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

14­10­123.8. Parenting plan. (1) (a)  IN ANY CHILD CUSTODY PROCEEDING INCLUDING, BUT NOT LIMITED TO, JOINT CUSTODY PROCEEDINGS AND MODIFICATIONS OF CUSTODY, EACH PARTY SHALL SUBMIT A PARENTING PLAN TO THE COURT FOR THE COURT'S APPROVAL.

(b)  A PARENTING PLAN SHALL ADDRESS THE FOLLOWING:

(I)  THE CUSTODY ARRANGEMENT FOR THE CHILD;

(II)  THE LOCATION OF BOTH PARTIES, THE PERIODS OF TIME DURING WHICH EACH PARTY WILL HAVE PHYSICAL CUSTODY OF THE CHILD, AND THE LEGAL RESIDENCE OF THE CHILD;

(III)  HOLIDAYS AND VACATIONS;

(IV)  THE CHILD'S EDUCATION;

(V)  THE CHILD'S RELIGIOUS TRAINING, IF ANY;

(VI)  THE CHILD'S HEALTH CARE;

(VII)  FINANCES TO PROVIDE FOR THE CHILD'S NEEDS;

(VIII)  THE METHOD BY WHICH FUTURE DISPUTES CONCERNING THE CHILD WILL BE RESOLVED BETWEEN THE PARTIES; AND

(IX)  ANY OTHER FACTORS AFFECTING THE PHYSICAL OR EMOTIONAL HEALTH AND WELL­BEING OF THE CHILD.

(2)  A PARTY WHO SUBMITS A PARENTING PLAN IN ACCORDANCE WITH THIS SECTION MAY MOVE THE COURT FOR AN ORDER OF DEFAULT ADOPTING THAT PARTY'S PARENTING PLAN IF THE OTHER PARTY HAS FAILED TO SUBMIT A PARENTING PLAN AS REQUIRED UNDER THIS SECTION. THE COURT SHALL ENTER AN ORDER ADOPTING ONE OF THE PARTY'S PARENTING PLANS IF THE COURT DETERMINES THAT THE PARENTING PLAN IS IN THE BEST INTERESTS OF THE CHILD.

(3)  IN JOINT CUSTODY CASES, THE FINAL PARENTING PLAN SPECIFIED IN SUBSECTION (1) OF THIS SECTION SHALL BE JOINTLY AGREED TO BY THE PARTIES.

SECTION 2.  The introductory portion to 14­10­124 (1.5), Colorado Revised Statutes, 1987 Repl. Vol., is amended to read:

14­10­124. Best interests of child. (1.5)  The court shall determine custody AND ENTER A PARENTING PLAN PURSUANT TO SECTION 14­10­123.8 in accordance with the best interests of the child. The court, upon the motion of either party or upon its own motion, may order joint or sole custody after making a finding that joint or sole custody would be advantageous to the child and in his THE CHILD'S best interests. In determining the best interests of the child, the court shall consider all relevant factors, including:

SECTION 3. Repeal.  14­10­123.5 (3), (4), and (5), Colorado Revised Statutes, 1987 Repl. Vol., are repealed.

SECTION 4. Effective date ­ applicability.  This act shall take effect July 1, 1997, and shall apply to causes of action filed on or after said date.

SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.