Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0570.01 Jacob Baus x2173 SENATE BILL 26-027
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
CONCERNING THE CREATION OF A REBUTTABLE PRESUMPTION THAT101
REQUIRES EQUAL PARENTING TIME.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, the court is required to determine the allocation
of parental responsibilities, including parenting time and decision-making
responsibilities, based on the best interests of the child.
The bill creates a rebuttable presumption that it is in the best
interests of the child to allocate equal parenting time to both parents if
both parents reside within 25 miles of a reasonable location determined
SENATE SPONSORSHIP
Zamora Wilson,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
by the court, including the child's child care, pres chool, sc hool, the
location where the child participates in their educational program, or
another reasonable location. The presumption may be rebutted based on
clear and convincing evidence that equal parenting time is not in the best
interests of the child.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the "Parental2
Equality and Child Empowerment Act" or "PEACE Act".3
SECTION 2. Legislative declaration. (1) The general assembly4
finds and declares that:5
(a) The policy of the state promotes the best interests of the child6
by encouraging frequent, meaningful, and continuing contact with both7
parents following a separation or divorce;8
(b) Children benefit emotionally, psychologically, and9
academically and are empowered overall by shared parenting10
arrangements;11
(c) A rebuttable presumption of equal parenting time promotes12
fairness, reduces litigation, and protects the constitutional rights of13
parents and children; and14
(d) Courts must retain discretion to protect children in exceptional15
circumstances. However, that discretion must be exercised with written16
findings to ensure transparency and consistency.17
SECTION 3. In Colorado Revised Statutes, 14-10-124, amend18
(1.5)(a) introductory portion; and add (1.3)(b.5) and (1.5)(a.3) as follows:19
14-10-124. Best interests of the child - definitions.20
(1.3) Definitions. For purposes of this section and section21
14-10-129 (2)(c), unless the context otherwise requires:22
(b.5) "EQUAL PARENTING TIME" MEANS A SUBSTANTIALLY EQUAL23
SB26-027-2-
ANNUAL ALLOCATION OF A CHILD 'S OVERNIGHT VISITATIONS AT EACH1
PARTY'S RESIDENCE , WITH AT LEAST FORTY -FIVE PERCENT OF THE2
OVERNIGHT VISITATIONS AT EACH RESIDENCE, SUBJECT TO REASONABLE3
ADJUSTMENTS FOR THE CHILD'S SCHOOL SCHEDULE, HOLIDAYS, OR OTHER4
LOGISTICAL CONSIDERATIONS.5
(1.5) Allocation of parental responsibilities. The court shall6
determine the allocation of parental responsibilities, including parenting7
time and decision-making responsibilities, in accordance with the best8
interests of the child, giving paramount consideration to the child's safety9
and the physical, mental, and emotional conditions and needs of the child10
as follows:11
(a) Determination of parenting time. The court, upon the motion12
of either party or upon its own motion, may make provisions for parenting13
time. THERE IS A REBUTTABLE PRESUMPTION DESCRIBED IN SUBSECTION14
(1.5)(a.3) OF THIS SECTION THAT THE COURT ALLOCATE EQUAL PARENTING15
TIME TO BOTH PARENTS. IF THE PRESUMPTION DESCRIBED IN SUBSECTION16
(1.5)(a.3) OF THIS SECTION IS OVERCOME , THEN THE COURT MAY MAKE17
PROVISIONS FOR PARENTING TIME that the court finds are in the best18
interests of the child, with the child's safety always paramount, unless the19
court finds, after a hearing, that parenting time by the party would20
endanger the child's physical health or significantly impair the child's21
emotional development. In addition to a finding that parenting time would22
endanger the child's physical health or significantly impair the child's23
emotional development, in any order imposing or continuing a parenting24
time restriction, the court shall enumerate the specific factual findings25
supporting the restriction, including findings related to domestic violence,26
child abuse, and child sexual abuse, and may enumerate the conditions27
SB26-027-3-
that the restricted party could fulfill in order to seek modification in the1
parenting plan. When a claim of child abuse or neglect, domestic2
violence, or sexual assault where there is also a claim that the child was3
conceived as a result of the sexual assault has been made to the court, or4
the court has reason to believe that a party has committed child abuse or5
neglect, domestic violence, or sexual assault where there is also a claim6
that the child was conceived as a result of the sexual assault, prior to7
determining parenting time, the court shall follow the provisions of8
subsection (4) of this section. In determining the best interests of the child9
for purposes of parenting time, the court shall consider all relevant10
factors, including:11
(a.3) (I) W HEN DETERMINING THE ALLOCATION OF PARENTING12
TIME PURSUANT TO SUBSECTION (1.5)(a) OF THIS SECTION , THERE IS A13
REBUTTABLE PRESUMPTION THAT THE BEST INTERESTS OF THE CHILD14
INCLUDE ALLOCATING EQUAL PARENTING TIME TO BOTH PARENTS IF THE15
COURT DETERMINES BY CLEAR AND CONVINCING EVIDENCE THAT BOTH16
PARENTS RESIDE WITHIN TWENTY-FIVE MILES OF A GEOGRAPHIC LOCATION17
THAT THE COURT DETERMINES IS REASONABLE , INCLUDING THE CHILD 'S18
CHILD CARE PROVIDER, PRESCHOOL, SCHOOL, THE LOCATION WHERE THE19
CHILD PARTICIPATES IN THEIR EDUCATIONAL PROGRAM , OR ANOTHER20
GEOGRAPHIC LOCATION THAT THE COURT DETERMINES IS REASONABLE.21
(II) A PARTY MAY REBUT THE PRESUMPTION DESCRIBED IN22
SUBSECTION (1.5)(a.3)(I) OF THIS SECTION BY CLEAR AND CONVINCING23
EVIDENCE THAT IT IS NOT IN THE BEST INTERESTS OF THE CHILD TO24
ALLOCATE EQUAL PARENTING TIME TO THE PARENTS. THE GROUNDS FOR25
REBUTTING THE PRESUMPTION INCLUDE:26
(A) A PARTY IS NOT WILLING , ABLE, OR FIT TO EXERCISE EQUAL27
SB26-027-4-
PARENTING TIME;1
(B) A PARTY WAS FOUND GUILTY OF CHILD ABUSE OR A CRIME FOR2
WHICH THE UNDERLYING FACTUAL BASIS HAS BEEN FOUND BY A COURT ON3
THE RECORD TO INCLUDE AN ACT OF DOMESTIC VIOLENCE;4
(C) A SUBSTANTIATED HISTORY OF PERSONAL SUBSTANCE MISUSE5
OR ALCOHOL MISUSE THAT IMPAIRS A PARTY'S PARENTING FITNESS;6
(D) A SUBSTANTIATED HISTORY OF A BEHAVIORAL OR MENTAL7
HEALTH DISORDER THAT IMPAIRS A PARTY'S PARENTING FITNESS;8
(E) A PARTY 'S SUBSTANTIATED PATTERN OF BEHAVIOR THAT9
DEMONSTRATES A FAILURE OR REFUSAL TO SHARE PARENTAL10
RESPONSIBILITIES;11
(F) A PARTY 'S SUBSTANTIATED PATTERN OF BEHAVIOR THAT12
DEMONSTRATES A FAILURE OR REFUSAL TO ENCOURAGE THE CHILD 'S13
RELATIONSHIP WITH THE OTHER PARTY; OR14
(G) S IGNIFICANT GEOGRAPHIC OR LOGISTICAL BARRIERS THAT15
INHIBIT EQUAL PARENTING TIME.16
(III) WHEN THE COURT MAKES A DETERMINATION CONCERNING A17
MOTION TO REBUT THE PRESUMPTION DESCRIBED IN THIS SUBSECTION18
(1.5)(a.3), THE COURT SHALL MAKE SPECIFIC, WRITTEN FINDINGS OF FACT19
ON THE RECORD CONCERNING ITS DETERMINATION, INCLUDING ANY CLEAR20
AND CONVINCING EVIDENCE RELIED UPON IN MAKING THE21
DETERMINATION.22
(IV) N OTWITHSTANDING SUBSECTIONS (1.5)(a.3)(I) TO23
(1.5)(a.3)(III) OF THIS SECTION, IF THE PARTIES AGREE TO PARENTING TIME24
PROVISIONS THAT DO NOT CONSTITUTE EQUAL PARENTING TIME , THE25
COURT SHALL ALLOCATE PARENTING TIME CONSISTENT WITH THE PARTIES'26
AGREEMENT IF THE COURT DETERMINES THAT THE AGREEMENT IS IN THE27
SB26-027-5-
BEST INTERESTS OF THE CHILD.1
SECTION 4. Applicability. This act applies to all proceedings2
filed on or after the effective date of this act and to all pending3
proceedings in which a final order has not been entered on or after the4
effective date of this act.5
SECTION 5. Safety clause. The general assembly finds,6
determines, and declares that this act is necessary for the immediate7
preservation of the public peace, health, or safety or for appropriations for8
the support and maintenance of the departments of the state and state9
institutions.10
SB26-027-6-