As used in this article 13, unless the context otherwise requires:
(1) "Abandoned" means left without provision for reasonable and necessary care or
supervision.
(2) "Child" means an individual who has not attained eighteen years of age.
(3) "Child-custody determination" means a judgment, decree, or other order of a court
providing for the legal custody or physical custody of a child or allocating parental
responsibilities with respect to a child or providing for visitation, parenting time, or grandparent
or great-grandparent family time with respect to a child. The term includes a permanent,
temporary, initial, and modification order. The term does not include an order relating to child
support or other monetary obligation of an individual.
(4) "Child-custody proceeding" means a proceeding in which legal custody or physical
custody with respect to a child or the allocation of parental responsibilities with respect to a child
or visitation, parenting time, or grandparent or great-grandparent family time with respect to a
child is an issue. The term includes a proceeding for divorce, dissolution of marriage, legal
separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights,
and protection from domestic violence and domestic abuse, in which the issue may appear. The
term does not include a proceeding involving juvenile delinquency, except when such court is
entering an order to allocate parental responsibilities, contractual emancipation, or enforcement
under part 3 of this article 13.
(5) "Commencement" means the filing of the first pleading in a proceeding.
(6) "Court" means an entity authorized under the law of a state to establish, enforce, or
modify a child-custody determination.
(7) (a) "Home state" means the state in which a child lived with a parent or a person
acting as a parent for at least one hundred eighty-two consecutive days immediately before the
commencement of a child-custody proceeding. In the case of a child less than six months of age,
the term means the state in which the child lived from birth with any of the persons mentioned.
A period of temporary absence of any of the mentioned persons is part of the period.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (7), "home state"
does not mean a state in which a child lived with a parent or a person acting as a parent on a
temporary basis as the result of an interim order entered pursuant to article 13.7 of this title.
(8) "Initial determination" means the first child-custody determination concerning a
particular child.
(9) "Issuing court" means the court that makes a child-custody determination for which
enforcement is sought under this article.
(10) "Issuing state" means the state in which a child-custody determination is made.
(11) "Modification" means a child-custody determination that changes, replaces,
supersedes, or is otherwise made after a previous determination concerning the same child,
whether or not it is made by the court that made the previous determination.
(12) "Person" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, government, governmental subdivision,
agency, or instrumentality, public corporation, or any other legal or commercial entity.
(13) "Person acting as a parent" means a person, other than a parent, who:
(a) Has physical custody of the child or has had physical custody for a period of one
hundred eighty-two consecutive days, including any temporary absence, within one year
immediately before the commencement of a child-custody proceeding; and
(b) Has been awarded legal custody or allocated parental responsibilities with respect to
a child by a court or claims a right to legal custody or parental responsibilities under the law of
this state.
(14) "Physical custody" means the physical care and supervision of a child.
(15) "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.
(16) "Warrant" means an order issued by a court authorizing law enforcement officers to
take physical custody of a child.
Source: L. 2000: Entire article R&RE, p. 1519, § 1, effective July 1. L. 2008: (7)
amended, p. 333, § 2, effective August 5. L. 2012: (7)(a) and (13)(a) amended, (SB 12-175), ch.
208, p. 834, § 35, effective July 1. L. 2013: (7)(b) amended, (HB 13-1200), ch. 174, p. 635, § 3,
effective July 1. L. 2014: (3) and (4) amended, (HB 14-1362), ch. 374, p. 1790, § 6, effective
June 6. L. 2017: IP and (4) amended, (HB 17-1110), ch. 137, p. 459, § 3, effective August 9. L.
2023: (3) and (4) amended, (HB 23-1026), ch. 243, p. 1307, § 5, effective August 7.
Editor's note: This section is similar to former § 14-13-103 as it existed prior to 2000.
Cross references: For the short title ("Grandparents' Rights for Aaliyah and Myah Act")
in HB 23-1026, see section 1 of chapter 243, Session Laws of Colorado 2023.
Notes of Decisions
Cited in
55
cases (
13 in the last 5 years), 1976–2026 · leading case:
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020).
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020).
· cites it 11× “On the one hand, section 14-13-102(4) defines a child-custody proceeding as “a proceeding in which legal custody or physical custody with respect to a child or the allocation of parental responsibilities with respect to a child or visitation, parenting time, or grandparent or…”
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
· cites it 7× “” § 14-13-102(1). Although S.A.G. arguably was abandoned when he wandered across the street in November 2017, nothing in the record suggests he lacked reasonable and necessary care when the court issued its termination order in April 2019.”
in Int. of B.H, 2021 CO 39 (Colo. 2021).
· cites it 5× “See § 14-13-102(3); see also § 14-13-102(14) (“‘Physical custody’ means the physical care and supervision of a child.”
People in Interest of SB, 742 P.2d 935 (Colo. Ct. App. 1987).
· cites it 16× “Section 14-13-102, C.R.S. The trial court found that Colorado "may be a home state in statutory terms but, for all practical purposes, South Carolina is really the home state of the child.”
People in re M.S, 2017 COA 60 (Colo. Ct. App. 2017).
· cites it 3× “§ 14-13-102(4), C.R.S. 2016. Section 14-13-103, C.”
In Re State Ex Rel. MC, 94 P.3d 1220 (Colo. Ct. App. 2004).
· cites it 4× “Under § 14-13-102(3), C.R.S.2003, a child-custody determination is defined as: a judgment, decree, or other order of a court providing for the legal custody or physical custody of a child or allocating parental responsibilities with respect to a child or providing for…”
Roberts v. Dist. Court of Larimer Cty., 596 P.2d 65 (Colo. 1979).
· cites it 17× “Section 14-13-102(l)(e), C.R.S. 1973. Lastly, we seek to promote cooperation with the courts of other states in order to ensure that the determination of custody is made by the court which can best decide the case in the interest of the child.”
in the Interest of G.C.M.M, 2020 COA 152 (Colo. Ct. App. 2020).
· cites it 12× “The official comment to section 14-13-102, however, clarifies that only the custody and visitation aspects of paternity cases are child-custody proceedings subject to the UCCJEA.”
Brock v. Dist. Court of the Cnty. of Boulder in the 20th Jud. Dist., 620 P.2d 11 (Colo. 1980).
· cites it 12× “See section 14-13-109(2), C.R.S. 1973. The rule to show cause is made absolute and the cause is remanded to the district court with directions to order the immediate return of the child to the custody of the petitioner and to dismiss the father’s petition for a modification of…”
Petition of Edilson, 637 P.2d 362 (Colo. 1981).
· cites it 3× “Further, the trial court determined that exercising jurisdiction in Colorado would be contrary to the intent of the Act, section 14-13-102, C.R.S.1973, and contrary to section 14-13-107, C.”
People ex rel. C.L.T., 405 P.3d 510 (Colo. Ct. App. 2017).
· cites it 6× “§ 14-13-102(3). ¶ 22 To enable Colorado courts to decide whethér a child custody proceeding may be ongoing in another state, and whether a child custody determination may have been made in another state, section 14-13-209(1), C.”
— Colo. Rev. Stat. § 14-13-102(1) — 6 cases
People in Interest of SB, 742 P.2d 935 (Colo. Ct. App. 1987).
“Section 14-13-102, C.R.S. The trial court found that Colorado "may be a home state in statutory terms but, for all practical purposes, South Carolina is really the home state of the child.”
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“” § 14-13-102(1). Although S.A.G. arguably was abandoned when he wandered across the street in November 2017, nothing in the record suggests he lacked reasonable and necessary care when the court issued its termination order in April 2019.”
— Colo. Rev. Stat. § 14-13-102(1)(a) — 2 cases
Roberts v. Dist. Court of Larimer Cty., 596 P.2d 65 (Colo. 1979).
“Section 14-13-102(l)(e), C.R.S. 1973. Lastly, we seek to promote cooperation with the courts of other states in order to ensure that the determination of custody is made by the court which can best decide the case in the interest of the child.”
— Colo. Rev. Stat. § 14-13-102(1)(b) — 1 case
Roberts v. Dist. Court of Larimer Cty., 596 P.2d 65 (Colo. 1979).
“Section 14-13-102(l)(e), C.R.S. 1973. Lastly, we seek to promote cooperation with the courts of other states in order to ensure that the determination of custody is made by the court which can best decide the case in the interest of the child.”
— Colo. Rev. Stat. § 14-13-102(1)(c) — 1 case
— Colo. Rev. Stat. § 14-13-102(1)(e) — 1 case
Roberts v. Dist. Court of Larimer Cty., 596 P.2d 65 (Colo. 1979).
“Section 14-13-102(l)(e), C.R.S. 1973. Lastly, we seek to promote cooperation with the courts of other states in order to ensure that the determination of custody is made by the court which can best decide the case in the interest of the child.”
— Colo. Rev. Stat. § 14-13-102(1)(h) — 1 case
— Colo. Rev. Stat. § 14-13-102(14) — 1 case
in Int. of B.H, 2021 CO 39 (Colo. 2021).
“See § 14-13-102(3); see also § 14-13-102(14) (“‘Physical custody’ means the physical care and supervision of a child.”
— Colo. Rev. Stat. § 14-13-102(2) — 1 case
in the Interest of G.C.M.M, 2020 COA 152 (Colo. Ct. App. 2020).
“The official comment to section 14-13-102, however, clarifies that only the custody and visitation aspects of paternity cases are child-custody proceedings subject to the UCCJEA.”
— Colo. Rev. Stat. § 14-13-102(3) — 12 cases
in Int. of B.H, 2021 CO 39 (Colo. 2021).
“See § 14-13-102(3); see also § 14-13-102(14) (“‘Physical custody’ means the physical care and supervision of a child.”
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“” § 14-13-102(1). Although S.A.G. arguably was abandoned when he wandered across the street in November 2017, nothing in the record suggests he lacked reasonable and necessary care when the court issued its termination order in April 2019.”
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020).
“On the one hand, section 14-13-102(4) defines a child-custody proceeding as “a proceeding in which legal custody or physical custody with respect to a child or the allocation of parental responsibilities with respect to a child or visitation, parenting time, or grandparent or…”
In Re State Ex Rel. MC, 94 P.3d 1220 (Colo. Ct. App. 2004).
“Under § 14-13-102(3), C.R.S.2003, a child-custody determination is defined as: a judgment, decree, or other order of a court providing for the legal custody or physical custody of a child or allocating parental responsibilities with respect to a child or providing for…”
in the Interest of G.C.M.M, 2020 COA 152 (Colo. Ct. App. 2020).
“The official comment to section 14-13-102, however, clarifies that only the custody and visitation aspects of paternity cases are child-custody proceedings subject to the UCCJEA.”
— Colo. Rev. Stat. § 14-13-102(4) — 7 cases
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020).
“On the one hand, section 14-13-102(4) defines a child-custody proceeding as “a proceeding in which legal custody or physical custody with respect to a child or the allocation of parental responsibilities with respect to a child or visitation, parenting time, or grandparent or…”
People in re M.S, 2017 COA 60 (Colo. Ct. App. 2017).
“§ 14-13-102(4), C.R.S. 2016. Section 14-13-103, C.”
In Re State Ex Rel. MC, 94 P.3d 1220 (Colo. Ct. App. 2004).
“Under § 14-13-102(3), C.R.S.2003, a child-custody determination is defined as: a judgment, decree, or other order of a court providing for the legal custody or physical custody of a child or allocating parental responsibilities with respect to a child or providing for…”
in the Interest of G.C.M.M, 2020 COA 152 (Colo. Ct. App. 2020).
“The official comment to section 14-13-102, however, clarifies that only the custody and visitation aspects of paternity cases are child-custody proceedings subject to the UCCJEA.”
People ex rel. C.L.T., 405 P.3d 510 (Colo. Ct. App. 2017).
“§ 14-13-102(3). ¶ 22 To enable Colorado courts to decide whethér a child custody proceeding may be ongoing in another state, and whether a child custody determination may have been made in another state, section 14-13-209(1), C.”
— Colo. Rev. Stat. § 14-13-102(5) — 2 cases
— Colo. Rev. Stat. § 14-13-102(6) — 5 cases
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“” § 14-13-102(1). Although S.A.G. arguably was abandoned when he wandered across the street in November 2017, nothing in the record suggests he lacked reasonable and necessary care when the court issued its termination order in April 2019.”
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020).
“On the one hand, section 14-13-102(4) defines a child-custody proceeding as “a proceeding in which legal custody or physical custody with respect to a child or the allocation of parental responsibilities with respect to a child or visitation, parenting time, or grandparent or…”
— Colo. Rev. Stat. § 14-13-102(7) — 4 cases
— Colo. Rev. Stat. § 14-13-102(7)(a) — 19 cases
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“” § 14-13-102(1). Although S.A.G. arguably was abandoned when he wandered across the street in November 2017, nothing in the record suggests he lacked reasonable and necessary care when the court issued its termination order in April 2019.”
in Int. of B.H, 2021 CO 39 (Colo. 2021).
“See § 14-13-102(3); see also § 14-13-102(14) (“‘Physical custody’ means the physical care and supervision of a child.”
People in re M.S, 2017 COA 60 (Colo. Ct. App. 2017).
“§ 14-13-102(4), C.R.S. 2016. Section 14-13-103, C.”
in the Interest of G.C.M.M, 2020 COA 152 (Colo. Ct. App. 2020).
“The official comment to section 14-13-102, however, clarifies that only the custody and visitation aspects of paternity cases are child-custody proceedings subject to the UCCJEA.”
— Colo. Rev. Stat. § 14-13-102(8) — 2 cases
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“” § 14-13-102(1). Although S.A.G. arguably was abandoned when he wandered across the street in November 2017, nothing in the record suggests he lacked reasonable and necessary care when the court issued its termination order in April 2019.”
People ex rel. C.L.T., 405 P.3d 510 (Colo. Ct. App. 2017).
“§ 14-13-102(3). ¶ 22 To enable Colorado courts to decide whethér a child custody proceeding may be ongoing in another state, and whether a child custody determination may have been made in another state, section 14-13-209(1), C.”
— Colo. Rev. Stat. § 14-13-102(c) — 1 case
— Colo. Rev. Stat. § 14-13-102(l)(a) — 1 case
Brock v. Dist. Court of the Cnty. of Boulder in the 20th Jud. Dist., 620 P.2d 11 (Colo. 1980).
“See section 14-13-109(2), C.R.S. 1973. The rule to show cause is made absolute and the cause is remanded to the district court with directions to order the immediate return of the child to the custody of the petitioner and to dismiss the father’s petition for a modification of…”
— Colo. Rev. Stat. § 14-13-102(l)(b) — 3 cases
Roberts v. Dist. Court of Larimer Cty., 596 P.2d 65 (Colo. 1979).
“Section 14-13-102(l)(e), C.R.S. 1973. Lastly, we seek to promote cooperation with the courts of other states in order to ensure that the determination of custody is made by the court which can best decide the case in the interest of the child.”
Brock v. Dist. Court of the Cnty. of Boulder in the 20th Jud. Dist., 620 P.2d 11 (Colo. 1980).
“See section 14-13-109(2), C.R.S. 1973. The rule to show cause is made absolute and the cause is remanded to the district court with directions to order the immediate return of the child to the custody of the petitioner and to dismiss the father’s petition for a modification of…”
— Colo. Rev. Stat. § 14-13-102(l)(c) — 2 cases
— Colo. Rev. Stat. § 14-13-102(l)(e) — 3 cases
Roberts v. Dist. Court of Larimer Cty., 596 P.2d 65 (Colo. 1979).
“Section 14-13-102(l)(e), C.R.S. 1973. Lastly, we seek to promote cooperation with the courts of other states in order to ensure that the determination of custody is made by the court which can best decide the case in the interest of the child.”
Brock v. Dist. Court of the Cnty. of Boulder in the 20th Jud. Dist., 620 P.2d 11 (Colo. 1980).
“See section 14-13-109(2), C.R.S. 1973. The rule to show cause is made absolute and the cause is remanded to the district court with directions to order the immediate return of the child to the custody of the petitioner and to dismiss the father’s petition for a modification of…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.