Chapter 4 - § 4.2 • BEGINNING THE ACTION

• Jurisdiction: Colorado

§ 4.2 • BEGINNING THE ACTION

Colorado law includes a number of different statutes under which a matter concerning children may be brought to a court for determination. While this chapter deals primarily with actions brought pursuant to the Colorado Uniform Dissolution of Marriage Act (UDMA), practitioners should be aware of the possibility of alternative or competing actions. C.R.S. §§ 14-10-101, et seq.; 19-1-101, et seq.; and 14-15-101, et seq.

§ 4.2.1—Uniform Dissolution of Marriage Act

Within the UDMA itself, there are several different ways that an action concerning children may be commenced.

Petitions for Dissolution of Marriage, Legal Separation, or Dissolution of Civil Union

A proceeding concerning children may be commenced by a parent by filing a petition for dissolution of marriage, legal separation, or dissolution of civil union. C.R.S. §§ 14-10-123(1)(a) and 14-15-115. This is the most common situation where children's issues arise under the UDMA. The petition must set forth the names, ages, and addresses of any living children of the marriage or civil union and whether the wife is pregnant. C.R.S. §§ 14-10-107(2) and 14-15-115. The petition must also set forth arrangements made between the parties for the allocation of parental responsibilities and support of the children and the relief sought. Id. The relief sought will include the petitioner's request concerning the allocation of parental responsibilities. Id.

Parental Responsibilities Actions Separate from Dissolution of Marriage, Legal Separation, or Dissolution of Civil Union Proceedings

The UDMA also authorizes commencement of a proceeding seeking the allocation of parental responsibilities that is independent from an action for dissolution of marriage, legal separation, or dissolution of civil union. C.R.S. § 14-10-123. A proceeding may be commenced by a parent by filing a petition seeking the allocation of parental responsibilities for the child in the district court in the county where the child resides or where he or she is found. C.R.S. § 14-10-123(1)(a). A proceeding may be commenced by a person other than a parent by filing a petition in the county where the child resides or where he or she is found, if the child is not in the physical custody of one of his or her parents. C.R.S. § 14-10-123(1)(b). Also, a person other than a parent may file a petition requesting the allocation of parental responsibilities if he or she had physical care of the child for six months or more, and...