Transitional provision

14-13-403. Transitional provision. A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination that was commenced before July 1, 2000, is governed by the law in effect at the time the motion or other request was made. Source: L. 2000: Entire article R&RE, p. 1537, � 1, effective July 1. ARTICLE 13.5 Uniform Child Abduction Prevention Act 14-13.5-101. Short title. This article may be cited as the Uniform Child Abduction Prevention Act. Source: L. 2007: Entire article added, p. 767, � 1, effective May 14. 14-13.5-102. Definitions. In this article: (1) Abduction means the wrongful removal or wrongful retention of a child. (2) Child means an unemancipated individual who is less than 18 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, allocating parental responsibilities with respect to a child, or providing for visitation or parenting 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 the legal custody or physical custody of a child, the allocation of parental responsibilities with respect to a child, or visitation or parenting time with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence or domestic abuse. The term does not include a proceeding involving juvenile delinquency or contractual emancipation. (5) Court means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination. (6) Petition includes a motion or its equivalent. (7) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (8) 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. The term includes a federally recognized Indian tribe or nation. (9) Travel document means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term does not include a passport or visa. (10) Wrongful removal means the taking of a child that breaches rights of custody or orders concerning the allocation of parental responsibilities or breaches rights of visitation or parenting time given or recognized under the law of this state. (11) Wrongful retention means the keeping or concealing of a child that breaches rights of custody or orders concerning the allocation of parental responsibilities or breaches rights of visitation or parenting time given or recognized under the law of this state. Source: L. 2007: Entire article added, p. 767, � 1, effective May 14. 14-13.5-103. Cooperation and communication among courts. Sections 14-13-110, 14-13-111, and 14-13-112 shall apply to cooperation and communications among courts in proceedings under this article. Source: L. 2007: Entire article added, p. 768, � 1, effective May 14. 14-13.5-104. Actions for abduction prevention measures. (1) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. (2) A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this article. Source: L. 2007: Entire article added, p. 768, � 1, effective May 14. 14-13.5-105. Jurisdiction. (1) A petition under this article 13.5 may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under the Uniform Child-custody Jurisdiction and Enforcement Act, article 13 of this title 14. A court with jurisdiction to modify an order concerning the allocation of parental rights and responsibilities pursuant to this article 13.5 may exercise jurisdiction during the pendency of an appeal brought with respect to an order allocating parental rights and responsibilities. (2) A court of this state has temporary emergency jurisdiction under section 14-13-204, if the court finds a credible risk of abduction. Source: L. 2007: Entire article added, p. 769, � 1, effective May 14. L. 2021: (1) amended, (HB 21-1031), ch. 116, p. 451, � 6, effective May 7. Editor's note: Section 8 of chapter 116 (HB 21-1031), Session Laws of Colorado 2021, provides that the act changing this section applies to any request to modify an order appealed on, after, or before May 7, 2021. Cross references: For the legislative declaration in HB 21-1031, see section 1 of chapter 116, Session Laws of Colorado 2021. 14-13.5-106. Contents of petition. (1) A petition under this article must be verified and include a copy of any existing child-custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in section 14-13.5-107. Subject to section 14-13-209, if reasonably ascertainable, the petition must contain: (a) The name, date of birth, and gender of the child; (b) The customary address and current physical location of the child; (c) The identity, customary address, and current physical location of the respondent; (d) A statement of whether a prior action to prevent abduction, domestic violence, or domestic abuse has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action; (e) A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect and the date, location, and disposition of the case; and (f) Any other information required to be submitted to the court for a child-custody determination under section 14-13-209. Source: L. 2007: Entire article added, p. 769, � 1, effective May 14. 14-13.5-107. Factors to determine risk of abduction. (1) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: (a) Has previously abducted or attempted to abduct the child; (b) Has threatened to abduct the child; (c) Has recently engaged in activities that may indicate a planned abduction, including: (I) Abandoning employment; (II) Selling a primary residence; (III) Terminating a lease; (IV) Closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities; (V) Applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the child; or (VI) Seeking to obtain the child's birth certificate or school or medical records; (d) Has engaged in domestic violence, domestic abuse, stalking, or child abuse or neglect; (e) Has refused to follow a child-custody determination; (f) Lacks strong familial, financial, emotional, or cultural ties to the state or the United States; (g) Has strong familial, financial, emotional, or cultural ties to another state or country; (h) Is likely to take the child to a country that: (I) Is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child; (II) Is a party to the Hague Convention on the Civil Aspects of International Child Abduction but: (A) The Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country; (B) Is noncompliant according to the most recent compliance report issued by the United States department of state; or (C) Lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects of International Child Abduction; (III) Poses a risk that the child's physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children; (IV) Has laws or practices that would: (A) Enable the respondent, without due cause, to prevent the petitioner from contacting the child; (B) Restrict the petitioner from freely traveling to or exiting from the country because of the petitioner's gender, nationality, marital status, or religion; or (C) Restrict the child's ability legally to leave the country after the child reaches the age of majority because of a child's gender, nationality, or religion; (V) Is included by the United States department of state on a current list of state sponsors of terrorism; (VI) Does not have an official United States diplomatic presence in the country; or (VII) Is engaged in active military action or war, including a civil war, to which the child may be exposed; (i) Is undergoing a change in immigration or citizenship status that would adversely affect the respondent's ability to remain in the United States legally; (j) Has had an application for United States citizenship denied; (k) Has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social security card, a driver's license, or other government-issued identification card or has made a misrepresentation to the United States government; (l) Has used multiple names to attempt to mislead or defraud; or (m) Has engaged in any other conduct the court considers relevant to the risk of abduction. (2) In the hearing on a petition under this article, the court shall consider any evidence that the respondent believed in good faith that the respondent's conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child. Source: L. 2007: Entire article added, p. 769, � 1, effective May 14. 14-13.5-108. Provisions and measures to prevent abduction. (1) If a petition is filed under this article, the court may enter an order that must include: (a) The basis for the court's exercise of jurisdiction; (b) The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding; (c) A detailed description of each party's custody and visitation rights, residential arrangements for the child, and any child-custody determinations in effect; (d) A provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and (e) Identification of the child's country of habitual residence at the time of the issuance of the order. (2) If, at a hearing on a petition under this article or on the court's own motion, the court after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an abduction prevention order. The order must include the provisions required by subsection (1) of this section and measures and conditions, including those in subsections (3), (4), and (5) of this section, that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties and the child-custody determinations in effect at the time of the filing of the petition under this article. The court shall consider the age of the child, the potential harm to the child from an abduction, the legal and practical difficulties of returning the child to the jurisdiction if abducted, and the reasons for the potential abduction, including evidence of domestic violence, domestic abuse, stalking, or child abuse or neglect. (3) An abduction prevention order may include one or more of the following: (a) An imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following: (I) The travel itinerary of the child; (II) A list of physical addresses and telephone numbers at which the child can be reached at specified times; and (III) Copies of all travel documents; (b) A prohibition of the respondent directly or indirectly from: (I) Removing the child from this state, the United States, or another geographic area without permission of the court or the petitioner's written consent; (II) Removing or retaining the child in violation of a child-custody determination; (III) Removing the child from school or a child-care or similar facility; or (IV) Approaching the child at any location other than a site designated for supervised visitation or supervised parenting time; (c) A requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state; (d) With regard to the child's passport: (I) A direction that the petitioner place the child's name in the United States department of state's child passport issuance alert program; (II) A requirement that the respondent surrender to the court or the petitioner's attorney any United States or foreign passport issued in the child's name, including a passport issued in the name of both the parent and the child; and (III) A prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa; (e) As a prerequisite to exercising custody, parental responsibilities, or visitation or parenting time, a requirement that the respondent provide: (I) To the United States department of state office of children's issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child; (II) To the court: (A) Proof that the respondent has provided the information in subparagraph (I) of this paragraph (e); and (B) An acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made, or passport issued, on behalf of the child; (III) To the petitioner, proof of registration with the United States embassy or other United States diplomatic presence in the destination country and with the central authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that convention is in effect between the United States and the destination country, unless one of the parties objects; and (IV) A written waiver under the federal Privacy Act of 1974, 5 U.S.C. Section 552a, with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner; and (f) Upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child-custody determination issued in the United States. (4) In an abduction prevention order, the court may impose conditions on the exercise of custody, parental responsibilities, or visitation or parenting time that: (a) Limit visitation or parenting time or require that visitation or parenting time with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision; (b) Require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorneys fees and costs if there is an abduction; and (c) Require the respondent to obtain education on the potentially harmful effects to the child from abduction. (5) To prevent imminent abduction of a child, a court may: (a) Issue a warrant to take physical custody of the child under section 14-13.5-109 or the law of this state other than this article; (b) Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination under this article or the law of this state other than this article; or (c) Grant any other relief allowed under the law of this state other than this article. (6) The remedies provided in this article are cumulative and do not affect the availability of other remedies to prevent abduction. Source: L. 2007: Entire article added, p. 771, � 1, effective May 14. 14-13.5-109. Warrant to take physical custody of child. (1) If a petition under this article contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. (2) The respondent on a petition under subsection (1) of this section must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. (3) An ex parte warrant under subsection (1) of this section to take physical custody of a child must: (a) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based; (b) Direct law enforcement officers to take physical custody of the child immediately; (c) State the date and time for the hearing on the petition; and (d) Provide for the safe interim placement of the child pending further order of the court. (4) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the national crime information center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect. (5) The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody. (6) A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour. (7) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection (1) of this section for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorneys fees, costs, and expenses. (8) This article does not affect the availability of relief allowed under the law of this state other than this article. Source: L. 2007: Entire article added, p. 774, � 1, effective May 14. 14-13.5-110. Duration of abduction prevention order. (1) An abduction prevention order remains in effect until the earliest of: (a) The time stated in the order; (b) The emancipation of the child; (c) The child's attaining eighteen years of age; or (d) The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under sections 14-13-201 to 14-13-203. Source: L. 2007: Entire article added, p. 775, � 1, effective May 14. 14-13.5-111. Uniformity of applications and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2007: Entire article added, p. 775, � 1, effective May 14. 14-13.5-112. Relation to electronic signatures in global and national commerce act. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of the act, 15 U.S.C. sec. 7001(c), of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. sec. 7003(b). Source: L. 2007: Entire article added, p. 775, � 1, effective May 14. ARTICLE 13.7 Uniform Deployed Parents Custody and Visitation Act Cross references: For the effective date of this article, see � 14-13.7-504. Law reviews: For article, Representing Military Parents Under Colorado's Uniform Deployed Parents Custody and Visitation Act, see 43 Colo. Law. 33 (June 2014). PART 1 GENERAL PROVISIONS 14-13.7-101. Short title. This article shall be known and may be cited as the Uniform Deployed Parents Custody and Visitation Act. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 624, � 2, effective May 10. 14-13.7-102. Definitions. In this article 13.7: (1) Adult means an individual who has attained eighteen years of age or who is an emancipated minor. (2) Caretaking authority means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, and visitation. (3) Child means: (a) An unemancipated individual who has not attained eighteen years of age; or (b) An adult son or daughter by birth or adoption, or under law of this state other than this article, who is the subject of a court order concerning custodial responsibility. (4) Court means a tribunal, including an administrative agency, authorized under law of this state other than this article to make, enforce, or modify a decision regarding custodial responsibility. (5) Custodial responsibility includes all powers and duties relating to caretaking authority and decision-making authority for a child. The term includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child. (6) Decision-making authority means the power to make major decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. The term does not include the power to make decisions that necessarily accompany a grant of caretaking authority. (7) Deploying parent means a service member who is deployed or has been notified of impending deployment and is: (a) A parent of a child under law of this state other than this article; or (b) An individual who has custodial responsibility for a child under law of this state other than this article. (8) Deployment means the movement or mobilization of a service member for more than ninety days but less than eighteen months pursuant to uniformed service orders that: (a) Are designated as unaccompanied; (b) Do not authorize dependent travel; or (c) Otherwise do not permit the movement of family members to the location to which the service member is deployed. (8.5) Deployment order means a record provided by a uniformed service to a service member directing a deployment. (9) Family member means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than this article. (10) Limited contact means the authority of a nonparent to visit a child for a limited time. The term includes authority to take the child to a place other than the residence of the child. (11) Nonparent means an individual other than a deploying parent or other parent. (12) Other parent means an individual who, in common with a deploying parent, is: (a) A parent of a child under law of this state other than this article; or (b) An individual who has custodial responsibility for a child under law of this state other than this article. (13) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (14) Return from deployment means the conclusion of a service member's deployment as specified in uniformed service orders. (15) Service member means a member of a uniformed service. (16) Sign means, with present intent to authenticate or adopt a record: (a) To execute or adopt with a tangible symbol; or (b) To attach to or logically associate with the record an electronic symbol, sound, or process. (17) 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. (18) Uniformed service means: (a) Active and reserve components of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard of the United States; (b) The United States merchant marine; (c) The commissioned corps of the United States public health service; (d) The commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or (e) The National Guard of a state. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 624, � 2, effective May 10. L. 2021: IP and (18)(a) amended, (HB 21-1231), ch. 206, p. 1077, � 4, effective May 28. 14-13.7-103. (Reserved) 14-13.7-104. Jurisdiction. (1) A court may issue an order regarding custodial responsibility under this article only if the court has jurisdiction under article 13 of this title. (2) If a court has issued an interim order regarding custodial responsibility pursuant to part 3 of this article, the residence of the deploying parent is not changed by reason of the deployment for the purposes of article 13 of this title. (3) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to part 2 of this article, the residence of the deploying parent is not changed by reason of the deployment for the purposes of article 13 of this title. (4) If a court in another state has issued an interim order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of article 13 of this title. (5) This section does not prevent a court from exercising emergency jurisdiction under article 13 of this title. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 627, � 2, effective May 10. 14-13.7-105. Notification required of deploying parent. (1) Except as otherwise provided in subsection (4) of this section and subject to subsection (3) of this section, in cases where there has been a prior determination of custody, a deploying parent shall notify in a record the other parent of a pending deployment not later than twelve calendar days after receiving deployment orders unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within twelve calendar days, the deploying parent shall give the notification as soon as reasonably possible. (2) Except as otherwise provided in subsection (4) of this section and subject to subsection (3) of this section, each parent shall provide in a record to the other parent a plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (1) of this section. (3) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (1) of this section or notification of a plan for custodial responsibility during deployment under subsection (2) of this section may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent. (4) Notification in a record under subsection (1) or (2) of this section is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 627, � 2, effective May 10. 14-13.7-106. Duty to notify of change of address. (1) Except as otherwise provided in subsection (2) of this section, an individual to whom custodial responsibility has been granted during deployment pursuant to part 2 or 3 of this article shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is in effect. This notice provision does not alter the provisions of section 14-10-129. (2) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (1) of this section may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 628, � 2, effective May 10. 14-13.7-107. General consideration in custody proceeding of parent's military service. In a proceeding for custodial responsibility of a child of a service member, a parent's past deployment or possible future deployment in itself may not serve as the sole basis in determining the best interest of the child. Nothing in this section shall be construed as prohibiting the court from applying section 14-10-124 in determining the best interest of the child. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 628, � 2, effective May 10. PART 2 AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT 14-13.7-201. Form of agreement. (1) The parents of a child may enter into an interim agreement under this article granting custodial responsibility during deployment. (2) An agreement under subsection (1) of this section must be: (a) In writing; and (b) Signed by both parents and any nonparent to whom custodial responsibility is granted. (3) Subject to subsection (4) of this section, an agreement under subsection (1) of this section, if feasible, must: (a) Identify the destination, duration, and conditions of the deployment that is the basis for the agreement; (b) Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent; (c) Specify any decision-making authority that accompanies a grant of caretaking authority; (d) Specify any grant of limited contact to a nonparent; (e) If, under the agreement, custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise; (f) Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact; (g) Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available; (h) Acknowledge that any party's child-support obligation cannot be modified by the agreement alone, and that changing the terms of the obligation during deployment requires modification by court order; (i) Provide that the agreement will terminate according to the procedures under part 4 of this article after the deploying parent returns from deployment; and (j) If the agreement must be filed pursuant to section 14-13.7-205, specify which parent is required to file the agreement. (4) The omission of any of the items specified in subsection (3) of this section does not invalidate an agreement under this section. (5) The agreement may be submitted to the court for approval to become an enforceable order. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 628, � 2, effective May 10. 14-13.7-202. Nature of authority created by agreement. (1) An agreement under this part 2 is an interim agreement and terminates pursuant to part 4 of this article after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under section 14-13.7-203. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given. (2) A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this part 2 has standing to enforce the agreement until it has been terminated by court order, by modification under section 14-13.7-203, or under part 4 of this article. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 629, � 2, effective May 10. 14-13.7-203. Modification of agreement. (1) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this part 2. (2) If an agreement is modified under subsection (1) of this section before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement. (3) If an agreement is modified under subsection (1) of this section during deployment of a deploying parent, the modification must be agreed to in a record that is signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement, and the modified agreement may be submitted to the court for approval to become an enforceable order. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 629, � 2, effective May 10. 14-13.7-204. Power of attorney. A deploying parent, by power of attorney, may delegate all or part of his or her custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this article, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, � 2, effective May 10. 14-13.7-205. Filing agreement or power of attorney with court. An agreement or power of attorney under this part 2 must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, � 2, effective May 10. PART 3 JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT 14-13.7-301. Definition. In this part 3, close and substantial relationship means a relationship between a child and a nonparent who has had physical care of the child for more than one hundred eighty-two days. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, � 2, effective May 10. 14-13.7-302. Proceeding for interim custody order. (1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue an interim order, consistent with the best interests of the child, granting custodial responsibility, unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. appendix sections 521 and 522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent. (2) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under section 14-13.7-104 or, if there is no pending proceeding in a court with jurisdiction under section 14-13.7-104, in a new action for granting custodial responsibility during deployment. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 630, � 2, effective May 10. 14-13.7-303. Expedited hearing. If a motion to grant custodial responsibility is filed under section 14-13.7-302 (2) before a deploying parent deploys, the court shall conduct an expedited hearing. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, � 2, effective May 10. 14-13.7-304. Testimony by electronic means. In a proceeding under this part 3, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, � 2, effective May 10. 14-13.7-305. Effect of prior judicial order or agreement. (1) In a proceeding for a grant of custodial responsibility pursuant to this part 3, the following rules apply: (a) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this article for modifying a judicial order regarding custodial responsibility; (b) The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under part 2 of this article, unless the court finds that the agreement is not in the best interest of the child. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, � 2, effective May 10. 14-13.7-306. Grant of caretaking or decision-making authority to nonparent. (1) On motion of a deploying parent and in accordance with law of this state other than this article, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. (2) Unless a grant of caretaking authority to a nonparent under subsection (1) of this section is agreed to by the other parent, the grant is limited to an amount of time not greater than: (a) The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or (b) In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child. (3) If a court finds that it is in the best interests of the child, the court may grant part of a deploying parent's decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 631, � 2, effective May 10. 14-13.7-307. Grant of limited contact. On a motion of a deploying parent, and in accordance with law of this state other than this article, unless the court finds that the contact would not be in the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child or an individual with whom the child has a close and substantial relationship. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 632, � 2, effective May 10. 14-13.7-308. Nature of authority created by interim custody order. (1) A grant of authority under this part 3 is an interim grant of authority and terminates under part 4 of this article after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted. (2) A nonparent granted caretaking authority, decision-making authority, or limited contact under this part 3 has standing to enforce the grant until it is terminated by court order or under part 4 of this article. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 632, � 2, effective May 10. 14-13.7-309. Content of interim custody order. (1) An order granting custodial responsibility under this part 3 must: (a) Designate the order as an interim order; and (b) Identify to the extent feasible the destination, duration, and condition of the deployment. (2) If applicable, an order for custodial responsibility under this part 3 must: (a) Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent; (b) If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise; (c) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless the court finds it is not in the best interest of the child, and allocate any costs of communications; (d) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless the court finds it is not in the best interest of the child; (e) Provide for reasonable contact between the deploying parent and the child after return from deployment until the interim order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the interim order; and (f) Provide that the order will terminate pursuant to part 4 of this article after the deploying parent returns from deployment. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 632, � 2, effective May 10. 14-13.7-310. Order for child support. If a court has issued an order granting caretaking authority under this part 3, or an agreement granting caretaking authority has been executed under part 2 of this article, the court may enter an interim order for child support consistent with law of this state other than this article if the court has jurisdiction under the Uniform Interstate Family Support Act, article 5 of this title. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 633, � 2, effective May 10. 14-13.7-311. Modifying or terminating grant of custodial responsibility to nonparent. (1) Except for an order under section 14-13.7-305, except as otherwise provided in subsection (2) of this section, and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. appendix sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this part 3 and it is in the best interest of the child. A modification is an interim modification and terminates pursuant to part 4 of this article after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order. (2) On motion of a deploying parent, the court shall terminate a grant of limited contact, unless it is not in the best interests of the child. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 633, � 2, effective May 10. PART 4 RETURN FROM DEPLOYMENT 14-13.7-401. Procedure for terminating interim grant of custodial responsibility established by agreement. (1) At any time after return from deployment, an interim agreement granting custodial responsibility under part 2 of this article may be terminated by an agreement to terminate signed by the deploying parent and the other parent. (2) An interim agreement under part 2 of this article granting custodial responsibility terminates: (a) If an agreement to terminate under subsection (1) of this section specifies a date for termination on that date; or (b) If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent. (3) In the absence of an agreement to terminate under subsection (1) of this section, an interim agreement granting custodial responsibility terminates under part 2 of this article thirty-five days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment. (4) If an interim agreement granting custodial responsibility was filed with a court pursuant to section 14-13.7-205, an agreement to terminate the interim agreement must also be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support must be provided to the court with the agreement to terminate. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 633, � 2, effective May 10. 14-13.7-402. Consent procedure for terminating interim grant of custodial responsibility established by court order. At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate an interim order for custodial responsibility issued under part 3 of this article. After an agreement has been filed, the court shall issue an order terminating the interim order effective on the date specified in the agreement. If a date is not specified, the order is effective immediately. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 634, � 2, effective May 10. 14-13.7-403. Visitation before termination of interim grant of custodial responsibility. After a deploying parent returns from deployment until an interim agreement or an interim order for custodial responsibility established under part 2 or 3 of this article is terminated, the court shall immediately issue an interim order granting the deploying parent reasonable contact with the child consistent with the deployed parent's post deployment leave, unless the court finds it is not in the best interest of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment. Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 634, � 2, effective May 10. 14-13.7-404. Termination by operation of law of interim grant of custodial responsibility established