A Bill for an Act
Page 1, Line 101Concerning the creation of a rebuttable presumption that
Page 1, Line 102requires equal parenting time.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, the court is required to determine the allocation of parental responsibilities, including parenting time and decision-making responsibilities, based on the best interests of the child.
The bill creates a rebuttable presumption that it is in the best interests of the child to allocate equal parenting time to both parents if both parents reside within 25 miles of a reasonable location determined by the court, including the child's child care, preschool, school, the location where the child participates in their educational program, or another reasonable location. The presumption may be rebutted based on clear and convincing evidence that equal parenting time is not in the best interests of the child.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Short title. The short title of this act is the "Parental
Page 2, Line 3Equality and Child Empowerment Act" or "PEACE Act".
Page 2, Line 4SECTION 2. Legislative declaration. (1) The general assembly
Page 2, Line 5finds and declares that:
Page 2, Line 6(a) The policy of the state promotes the best interests of the child
Page 2, Line 7by encouraging frequent, meaningful, and continuing contact with both
Page 2, Line 8parents following a separation or divorce;
Page 2, Line 9(b) Children benefit emotionally, psychologically, and
Page 2, Line 10academically and are empowered overall by shared parenting
Page 2, Line 11arrangements;
Page 2, Line 12(c) A rebuttable presumption of equal parenting time promotes
Page 2, Line 13fairness, reduces litigation, and protects the constitutional rights of
Page 2, Line 14parents and children; and
Page 2, Line 15(d) Courts must retain discretion to protect children in exceptional
Page 2, Line 16circumstances. However, that discretion must be exercised with written
Page 2, Line 17findings to ensure transparency and consistency.
Page 2, Line 18SECTION 3. In Colorado Revised Statutes, 14-10-124, amend
Page 2, Line 19(1.5)(a) introductory portion; and add (1.3)(b.5) and (1.5)(a.3) as follows:
Page 2, Line 2014-10-124. Best interests of the child - definitions.
Page 2, Line 21(1.3) Definitions. For purposes of this section and section
Page 2, Line 2214-10-129 (2)(c), unless the context otherwise requires:
Page 2, Line 23(b.5) "Equal parenting time" means a substantially equal
Page 3, Line 1annual allocation of a child's overnight visitations at each
Page 3, Line 2party's residence, with at least forty-five percent of the
Page 3, Line 3overnight visitations at each residence, subject to reasonable
Page 3, Line 4adjustments for the child's school schedule, holidays, or other
Page 3, Line 5logistical considerations.
Page 3, Line 6(1.5) Allocation of parental responsibilities. The court shall
Page 3, Line 7determine the allocation of parental responsibilities, including parenting
Page 3, Line 8time and decision-making responsibilities, in accordance with the best
Page 3, Line 9interests of the child, giving paramount consideration to the child's safety
Page 3, Line 10and the physical, mental, and emotional conditions and needs of the child
Page 3, Line 11as follows:
Page 3, Line 12(a) Determination of parenting time. The court, upon the motion
Page 3, Line 13of either party or upon its own motion, may make provisions for parenting
Page 3, Line 14time. There is a rebuttable presumption described in subsection
Page 3, Line 15(1.5)(a.3) of this section that the court allocate equal parenting
Page 3, Line 16time to both parents. If the presumption described in subsection
Page 3, Line 17(1.5)(a.3) of this section is overcome, then the court may make
Page 3, Line 18provisions for parenting time that the court finds are in the best
Page 3, Line 19interests of the child, with the child's safety always paramount, unless the
Page 3, Line 20court finds, after a hearing, that parenting time by the party would
Page 3, Line 21endanger the child's physical health or significantly impair the child's
Page 3, Line 22emotional development. In addition to a finding that parenting time would
Page 3, Line 23endanger the child's physical health or significantly impair the child's
Page 3, Line 24emotional development, in any order imposing or continuing a parenting
Page 3, Line 25time restriction, the court shall enumerate the specific factual findings
Page 3, Line 26supporting the restriction, including findings related to domestic violence,
Page 3, Line 27child abuse, and child sexual abuse, and may enumerate the conditions
Page 4, Line 1that the restricted party could fulfill in order to seek modification in the
Page 4, Line 2parenting plan. When a claim of child abuse or neglect, domestic
Page 4, Line 3violence, or sexual assault where there is also a claim that the child was
Page 4, Line 4conceived as a result of the sexual assault has been made to the court, or
Page 4, Line 5the court has reason to believe that a party has committed child abuse or
Page 4, Line 6neglect, domestic violence, or sexual assault where there is also a claim
Page 4, Line 7that the child was conceived as a result of the sexual assault, prior to
Page 4, Line 8determining parenting time, the court shall follow the provisions of
Page 4, Line 9subsection (4) of this section. In determining the best interests of the child
Page 4, Line 10for purposes of parenting time, the court shall consider all relevant
Page 4, Line 11factors, including:
Page 4, Line 12(a.3) (I) When determining the allocation of parenting
Page 4, Line 13time pursuant to subsection (1.5)(a) of this section, there is a
Page 4, Line 14rebuttable presumption that the best interests of the child
Page 4, Line 15include allocating equal parenting time to both parents if the
Page 4, Line 16court determines by clear and convincing evidence that both
Page 4, Line 17parents reside within twenty-five miles of a geographic location
Page 4, Line 18that the court determines is reasonable, including the child's
Page 4, Line 19child care provider, preschool, school, the location where the
Page 4, Line 20child participates in their educational program, or another
Page 4, Line 21geographic location that the court determines is reasonable.
Page 4, Line 22(II) A party may rebut the presumption described in
Page 4, Line 23subsection (1.5)(a.3)(I) of this section by clear and convincing
Page 4, Line 24evidence that it is not in the best interests of the child to
Page 4, Line 25allocate equal parenting time to the parents. The grounds for
Page 4, Line 26rebutting the presumption include:
Page 4, Line 27(A) A party is not willing, able, or fit to exercise equal
Page 5, Line 1parenting time;
Page 5, Line 2(B) A party was found guilty of child abuse or a crime for
Page 5, Line 3which the underlying factual basis has been found by a court on
Page 5, Line 4the record to include an act of domestic violence;
Page 5, Line 5(C) A substantiated history of personal substance misuse
Page 5, Line 6or alcohol misuse that impairs a party's parenting fitness;
Page 5, Line 7(D) A substantiated history of a behavioral or mental
Page 5, Line 8health disorder that impairs a party's parenting fitness;
Page 5, Line 9(E) A party's substantiated pattern of behavior that
Page 5, Line 10demonstrates a failure or refusal to share parental
Page 5, Line 11responsibilities;
Page 5, Line 12(F) A party's substantiated pattern of behavior that
Page 5, Line 13demonstrates a failure or refusal to encourage the child's
Page 5, Line 14relationship with the other party; or
Page 5, Line 15(G) Significant geographic or logistical barriers that
Page 5, Line 16inhibit equal parenting time.
Page 5, Line 17(III) When the court makes a determination concerning a
Page 5, Line 18motion to rebut the presumption described in this subsection
Page 5, Line 19(1.5)(a.3), the court shall make specific, written findings of fact
Page 5, Line 20on the record concerning its determination, including any clear
Page 5, Line 21and convincing evidence relied upon in making the
Page 5, Line 22determination.
Page 5, Line 23(IV) Notwithstanding subsections (1.5)(a.3)(I) to
Page 5, Line 24(1.5)(a.3)(III) of this section, if the parties agree to parenting time
Page 5, Line 25provisions that do not constitute equal parenting time, the
Page 5, Line 26court shall allocate parenting time consistent with the parties'
Page 5, Line 27agreement if the court determines that the agreement is in the
Page 6, Line 1best interests of the child.
Page 6, Line 2SECTION 4. Applicability. This act applies to all proceedings
Page 6, Line 3filed on or after the effective date of this act and to all pending
Page 6, Line 4proceedings in which a final order has not been entered on or after the
Page 6, Line 5effective date of this act.
Page 6, Line 6SECTION 5. Safety clause. The general assembly finds,
Page 6, Line 7determines, and declares that this act is necessary for the immediate
Page 6, Line 8preservation of the public peace, health, or safety or for appropriations for
Page 6, Line 9the support and maintenance of the departments of the state and state
Page 6, Line 10institutions.