Definitions

14-13-102. Definitions. 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.