PROPOSED HOUSE BILL - DRAFT - 09/2007

HOUSE BILL No. ?????

November 1, 2007, Introduced by ?????. 

THE PEOPLE OF THE STATE OF COLORADO ENACT:

     (1) In a parenting time dispute between parents, the court shall order joint parenting time unless either of the following applies:

     (a) The court determines by clear and convincing evidence that a parent is unfit, unwilling, or unable to care for the child.

     (b) A parent moves his or her residence outside the school district that the child attended during the 1-year period preceding the initiation of the action and is unable to maintain the child's school schedule without interruption. If a parent is unable to maintain the child's school schedule, the court shall order that the parents submit the dispute to mediation to determine a parenting time agreement that maximizes both parents' ability to participate equally in a relationship with the child while accommodating the child's school schedule. A parent may restore joint parenting time by demonstrating the ability to maintain the child's school schedule.

     (2) If subsection (1) does not apply in a parenting time dispute between parents, the parents shall be advised of joint parenting time. At the request of either parent, the court shall consider an award of joint parenting time, and shall state on the record the reasons for granting or denying a request. In other cases, joint parenting time may be considered by the court. The court shall determine whether joint parenting time is in the best interest of the child by considering the following factors:

     (a) The factors enumerated in section 3.

     (b) Whether the parents will be able to maintain the child's school schedule and generally agree concerning important decisions affecting the welfare of the child.

     (3) If the parents agree in writing to a parenting time arrangement, the court shall grant that parenting time arrangement.

     (4) If the court awards joint parenting time, the court shall include in its award a statement regarding when the child resides with each parent and shall provide that physical parenting time is shared by the parents alternately for specific and substantially equal periods of time.

     (5) During the time a child resides with a parent, that parent shall decide all routine matters concerning the child.

     (6) If there is a dispute regarding residency, the court shall state the basis for a residency award on the record or in writing.

     (7) Joint parenting time does not eliminate the responsibility for child support. Each parent is responsible for child support based on the needs of the child and the actual resources of each parent. If a parent would otherwise be unable to maintain adequate housing for the child and the other parent has sufficient resources, the court may order modified support payments for a portion of housing expenses even during a period when the child is not residing in the home of the parent receiving support. An order of joint parenting time, in and of itself, does not constitute grounds for modifying a support order.

     (8) As used in this section, "joint parenting time" means an order of the court in which both of the following are specified:

      (a) That the child resides alternately for specific and substantially equal periods of time with each parent.

      (b) That the parents share decision-making authority as to all of the important decisions affecting the welfare of the child, including, but not limited to, the child's education, religious training, and medical treatment.