9667C53AE37E168587258A4E005C95FF Hearing Summary

Trish Cooper, CBA Family Law Section, stated that the section has not had time to do a thorough review and does not have a formal position on it. After the Troxel v. Granville decision, Colorado appellate courts developed a consistent, robust, and thoroughly thought-out approach to addressing cases of nonparents who are seeking legal rights as to children. Initial concerns with the act, include that it would alter the standing criteria which is codified in 14-10-123, C.R.S., which may expand or contract the current pool of those with standing. It also changes the standards courts would apply in some cases where a nonparent has filed and sought some rights as to a child in a domestic relation. There are additional concerns and this is an act that the section would like to do a legal analysis for the commission if it chooses to move forward and would like to be considered stakeholders participating in that process.

 

Commissioner McGihon shared that ULC staff noted that Colorado's statute needs an explicit provision that the decision of the parent regarding visitation with a nonparent is correct (although that presumption can be overcome in certain circumstances). In addition, Colorado's statute would be improved by listing factors to guide the court's discretion in deciding whether to grant visitation. Ms. Cooper responded that although the standing statute, 14-10-123, C.R.S., does not discuss the presumption to be afforded a fit and proper parent when it comes to a custody challenge between a parent and nonparent, however the Colorado Supreme Court is very clear on that standard and the evidence needed to rebut the presumption. Codifying the presumption could be helpful but there are concerns to codifying it regarding this circumstance and not in other circumstances.

Commissioner Tipper said if this act moves forward it is important to talk with local municipalities and get their input on what the operational side of it would be.  The commission thanked Ms. Cooper for her time and testimony.

Commission consensus was to defer this act to next year's agenda.