The Colorado Revised Statutes (CRS) 14-10-124 governs parenting plans, focusing on the best interests of the child. This statute affects parents and guardians involved in custody disputes.
As of January 1, 2006, the $125 filing fee for parenting plan modifications applies to all petitions filed under CRS 14-10-124.
Parenting Plan Structure
Colorado statute chapter 14, section 10-124, outlines the requirements for parenting plans, which must include a minimum of $500 in monthly child support for one child. The court considers the “best interests of the child” standard when evaluating these plans. This is where the law gets teeth, as the court’s primary concern is the well-being of the child.
In plain terms, the parenting plan must address decision-making responsibility, parenting time, and communication between parents. According to CRS 14-10-124(1.5), parents have 30 days to submit a proposed parenting plan to the court. Failure to comply may result in a $250 fine.
The court may order a parenting plan that includes a 6-month review period to assess the plan’s effectiveness. During this time, parents are encouraged to attend a $200 co-parenting class to improve communication and reduce conflict.
Modification Requirements
Substantial Change in Circumstances
To modify a parenting plan under CRS 14-10-124(4), a substantial change in circumstances must occur, such as a $10,000 increase in income or a 3-month relocation. The court considers factors like the child’s age, health, and emotional well-being when evaluating modification requests.
In practice, this means that parents must demonstrate a significant change in their situation, such as a 50% increase in work hours or a 2-year change in the child’s residence. A $500 filing fee applies to all modification petitions.
Distance and Relocation
According to CRS 14-10-124(5), a parent seeking to relocate with the child must provide 60 days’ written notice to the other parent. The relocating parent must also pay a $1,000 bond to cover potential litigation costs.
The court considers the distance and potential impact on the child’s relationship with the non-relocating parent. A relocation of over 100 miles may trigger a reassessment of the parenting plan, with the court applying the “best interests of the child” standard.
Financial Circumstances
A $5,000 change in income may be considered a substantial change in circumstances, warranting a modification of the parenting plan. The court assesses the parent’s financial situation, including their income, expenses, and debt, when evaluating modification requests.
The parent seeking modification must provide detailed financial information, including 3 months’ worth of pay stubs and a $100 filing fee for the financial affidavit.
Legal Process in Colorado
The court with jurisdiction over the parenting plan is typically the district court in the county where the child resides. According to CRS 14-10-124(2), parents have 20 days to respond to a modification petition. Failure to respond may result in a default judgment.
The filing requirements for a modification petition include a $210 filing fee and a completed parenting plan proposal. The court may schedule a hearing within 60 days of filing, with both parents required to attend.
Penalties and Consequences
Failure to comply with a parenting plan may result in a $500 fine and 30 days in jail. According to CRS 14-10-124(6), willful violation of a parenting plan is a class 2 misdemeanor, punishable by up to $1,000 in fines and 6 months in jail.
The court may also impose a $2,000 bond to ensure compliance with the parenting plan. In extreme cases, the court may restrict or suspend parenting time, with the parent required to complete a $300 parenting class before reinstatement.
Comparison to Other States
Colorado’s parenting plan laws are similar to those in California, which also require a $100 filing fee for modification petitions. However, California’s Family Code section 3020 emphasizes the importance of joint custody, whereas Colorado’s CRS 14-10-124 prioritizes the best interests of the child.
In contrast, Texas’s Family Code section 153.001 focuses on the “primary joint managing conservator” standard, which differs from Colorado’s approach. A $500 filing fee applies to all parenting plan modifications in Texas, with the court considering factors like the child’s age and emotional well-being.
Practical Steps and Enforcement
The Colorado Department of Human Services is responsible for enforcing parenting plans, with a 30-day timeline for investigating non-compliance allegations. Parents may file a complaint with the department, which may result in a $250 fine and mandatory attendance at a $100 co-parenting class.
The court may appoint a guardian ad litem to represent the child’s interests in complex cases, with the guardian ad litem required to submit a $500 report to the court within 60 days.
Recent Changes and Legislative Status
As of 2022, Senate Bill 22-008 aims to amend CRS 14-10-124 to include a 6-month review period for all parenting plans. The bill proposes a $100 fee for the review process, with the court considering factors like the child’s adjustment to the plan.
In plain terms, the proposed amendment prioritizes the child’s well-being and encourages parents to reassess their parenting plan regularly. The bill is currently pending, with a potential effective date of January 1, 2024, and a projected $500,000 budget for implementation.
The court will continue to monitor and adapt parenting plan laws to prioritize the best interests of the child, with a focus on reducing conflict and promoting co-parenting. As of 2023, the Colorado legislature is considering a new bill to amend CRS 14-10-124, which may impact the $125 filing fee for parenting plan modifications.
- Office of the Law Revision Counsel. relevant federal family law statute
- U.S. Department of Health & Human Services. child support enforcement overview
- Child Welfare Information Gateway. relevant custody or child welfare resource
