ARTICLE 13.7

JurisdictionColorado
ARTICLE 13.7 Uniform Deployed Parents Custody and Visitation Act

Cross references: For the effective date of this article, see § 14-13.7-504.

Law reviews: For article, "Representing Military Parents Under Colorado's Uniform Deployed Parents Custody and Visitation Act", see 43 Colo. Law. 33 (June 2014).

PART 1 GENERAL PROVISIONS

14-13.7-101. Short title.

14-13.7-102. Definitions.

14-13.7-103. (Reserved)

14-13.7-104. Jurisdiction.

14-13.7-105. Notification required of deploying parent.

14-13.7-106. Duty to notify of change of address.

14-13.7-107. General consideration in custody proceeding of parent's military service.

PART 2 AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT

14-13.7-201. Form of agreement.

14-13.7-202. Nature of authority created by agreement.

14-13.7-203. Modification of agreement.

14-13.7-204. Power of attorney.

14-13.7-205. Filing agreement or power of attorney with court.

PART 3 JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT

14-13.7-301. Definition.

14-13.7-302. Proceeding for interim custody order.

14-13.7-303. Expedited hearing.

14-13.7-304. Testimony by electronic means.

14-13.7-305. Effect of prior judicial order or agreement.

14-13.7-306. Grant of caretaking or decision-making authority to nonparent.

14-13.7-307. Grant of limited contact.

14-13.7-308. Nature of authority created by interim custody order.

14-13.7-309. Content of interim custody order.

14-13.7-310. Order for child support.

14-13.7-311. Modifying or terminating grant of custodial responsibility to nonparent.

PART 4 RETURN FROM DEPLOYMENT

14-13.7-401. Procedure for terminating interim grant of custodial responsibility established by agreement. 14-13.7-402. Consent procedure for terminating interim grant of custodial responsibility established by court order.

14-13.7-403. Visitation before termination of interim grant of custodial responsibility. 14-13.7-404. Termination by operation of law of interim grant of custodial responsibility established by court order.

PART 5 MISCELLANEOUS PROVISIONS

14-13.7-501. Uniformity of application and construction.

14-13.7-502. Relation to electronic signatures in global and national commerce act. 14-13.7-503. Saving clause. 14-13.7-504. Effective date.

PART 1 GENERAL PROVISIONS

■ 14-13.7-101. Short title. This article shall be known and may be cited as the "Uniform Deployed Parents Custody and Visitation Act".

Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 624, § 2, effective May 10.

■ 14-13.7-102. Definitions. In this article 13.7:

(1) "Adult" means an individual who has attained eighteen years of age or who is an emancipated minor.

(2) "Caretaking authority" means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, and visitation.

(3) "Child" means:

(a) An unemancipated individual who has not attained eighteen years of age; or

(b) An adult son or daughter by birth or adoption, or under law of this state other than this article, who is the subject of a court order concerning custodial responsibility.

(4) "Court" means a tribunal, including an administrative agency, authorized under law of this state other than this article to make, enforce, or modify a decision regarding custodial responsibility.

(5) "Custodial responsibility" includes all powers and duties relating to caretaking authority and decision-making authority for a child. The term includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child.

(6) "Decision-making authority" means the power to make major decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. The term does not include the power to make decisions that necessarily accompany a grant of caretaking authority.

(7) "Deploying parent" means a service member who is deployed or has been notified of impending deployment and is:

(a) A parent of a child under law of this state other than this article; or

(b) An individual who has custodial responsibility for a child under law of this state other than this article.

(8) "Deployment" means the movement or mobilization of a service member for more than ninety days but less than eighteen months pursuant to uniformed service orders that:

(a) Are designated as unaccompanied;

(b) Do not authorize dependent travel; or

(c) Otherwise do not permit the movement of family members to the location to which the service member is deployed.

(8.5) "Deployment order" means a record provided by a uniformed service to a service member directing a deployment.

(9) "Family member" means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than this article.

(10) "Limited contact" means the authority of a nonparent to visit a child for a limited time. The term includes authority to take the child to a place other than the residence of the child.

(11) "Nonparent" means an individual other than a deploying parent or other parent.

(12) "Other parent" means an individual who, in common with a deploying parent, is:

(a) A parent of a child under law of this state other than this article; or

(b) An individual who has custodial responsibility for a child under law of this state other than this article.

(13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(14) "Return from deployment" means the conclusion of a service member's deployment as specified in uniformed service orders.

(15) "Service member" means a member of a uniformed service.

(16) "Sign" means, with present intent to authenticate or adopt a record:

(a) To execute or adopt with a tangible symbol; or

(b) To attach to or logically associate with the record an electronic symbol, sound, or process.

(17) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(18) "Uniformed service" means:

(a) Active and reserve components of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard of the United States;

(b) The United States merchant marine;

(c) The commissioned corps of the United States public health service;

(d) The commissioned corps of the National Oceanic and Atmospheric Administration of the United States...

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