Colo. Rev. Stat. » Title 14
Colorado Revised Statutes

Colo. Rev. Stat. § 14-10-123.4 (2026)

Rights of children in matters relating to parental responsibilities

✓ current as of July 2026
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(1) The general assembly hereby declares that children have certain rights in the determination of matters relating to parental responsibilities, including:

(a) The right to have such determinations based upon the best interests of the child;

(b) The right to be emotionally, mentally, and physically safe when in the care of either parent; and

(c) The right to reside in and visit in homes that are free of domestic violence and child abuse or neglect.

Source: L. 87: Entire section added, p. 574, § 1, effective July 1. L. 98: Entire section amended, p. 1378, § 5, effective February 1, 1999. L. 2013: Entire section amended, (HB 13- 1259), ch. 218, p. 995, § 1, effective July 1.

Notes of Decisions
Cited in 24 cases (9 in the last 5 years), 1989–2026 · leading case: In Re Marriage of Hartley, 886 P.2d 665 (Colo. 1995).
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In Re Marriage of Hartley, 886 P.2d 665 (Colo. 1995). · cites it 14× “Eric asserts that the right to retain counsel of choice and to initiate proceedings regarding his welfare is a statutory right provided under section 14-10-123.4, 6B C.R.S. (1987), which states: Rights of children in custody matters.”
In Re the Marriage of Lester, 791 P.2d 1244 (Colo. Ct. App. 1990). · cites it 3× “Section 14-10-123.4, C.R.S. (1987 Repl.Vol.”
McAllister v. McAllister, 2010 ND 40 (N.D. 2010). · cites it 4× “Code § 3041 (2007); Colo.Rev.Stat. § 14-10-123.4 (1999); Del.”
Norton v. Ruebel, 2024 COA 107 (Colo. Ct. App. 2024). · cites it 2× “See § 14-10-123.4(1)(a), C.R.S. 2024; § 14-10-124(1.”
In the Interest of D.R.V-A. v. C.V., 976 P.2d 881 (Colo. Ct. App. 1999). · cites it 3× “Section 14-10-123.4, C.R.S.1998, provides that children have certain rights in the determination of custody.”
In Re the Marriage of Sepmeier, 782 P.2d 876 (Colo. Ct. App. 1989). · cites it 3× “Section 14-10-123.4, C.R.S. (1987 Repl.Vol.”
In Re the Marriage of Dureno, 854 P.2d 1352 (Colo. Ct. App. 1992). · cites it 2× “This principle is now codified at § 14-10-123.4, C.R.S. (1987 RepLVol. 6B), which provides that children have the “right” to have custody determinations based on their welfare and best interest.”
In Re the Marriage of Murphy, 834 P.2d 1287 (Colo. Ct. App. 1992). · cites it 2× “”); see also § 14-10-123.4, C.R.S. (1987 Repl.Yol. 6B).”
In Re the Custody of A.D.C., 969 P.2d 708 (Colo. Ct. App. 1998). · cites it 2× “Mother further argues that due process and the legal presumption in favor of the biological parent require that a parent be awarded custody unless it is shown by clear and convincing proof that the child would suffer emotional or physical harm by such an award.”
In the Interest of E.L.M.C., 100 P.3d 546 (Colo. Ct. App. 2004). “5) (trial court must consider all relevant factors, including those enumerated in the statute). Courts in other jurisdictions faced with custody disputes between natural or legal parents and nonparents similarly recognize the psychological parent doctrine, based on the…”
People ex rel. A.W.R., 17 P.3d 192 (Colo. Ct. App. 2000). · cites it 3× “Section 14-10-123.4, C.R.S8.2000; In re Custody of.”
In Re Bbo, 277 P.3d 818 (Colo. 2012). · cites it 3× “Rather, section 14-10-123.4, C.R.S. (2011), provides that children have the right to have determinations relating to parental responsibilities based upon the best interests of the child, and our case law establishes that fit parents' decisions concerning the care, custody, and…”
Show all 24 citing cases →
— Colo. Rev. Stat. § 14-10-123.4(1)(a) — 9 cases
Norton v. Ruebel, 2024 COA 107 (Colo. Ct. App. 2024). “See § 14-10-123.4(1)(a), C.R.S. 2024; § 14-10-124(1.”
Marriage of Wroten (Colo. Ct. App. 2025).
Marriage of Campbell (Colo. Ct. App. 2025).
Marriage of Robinson (Colo. Ct. App. 2025).
Marriage of Lilly (Colo. Ct. App. 2025).
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