APPENDIX I – Statutory References x
(V) The presence or absence of extended family at the existing location and at the
proposed new location;
(VI) Any advantages of the child remaining with the primary caregiver;
(VII) The anticipated impact of the move on the child;
(VIII) Whether the court will be able to fashion a reasonable parenting time schedule
if the change requested is permitted; and
(IX) Any other relevant factors bearing on the best interests of the child; or
(d) The child's present environment endangers the child's physical health or significantly
impairs the child's emotional development and the harm likely to be caused by a change of
environment is outweighed by the advantage of a change to the child.
(3) (a) If a parent has been convicted of any of the crimes listed in paragraph (b) of this
subsection (3), or convicted of any crime in which the underlying factual basis has been found by
the court on the record to include an act of domestic violence, as defined in section 18-6-800.3
(1), C.R.S., that constitutes a potential threat or endangerment to the child, the other parent, or
any other person who has been granted custody of or parental responsibility for the child pursuant
to court order may file an objection to parenting time with the court. The other parent or other
person having custody or parental responsibility shall give notice to the offending parent of such
objection as provided by the Colorado rules of civil procedure, and the offending parent shall
have twenty days from such notice to respond. If the offending parent fails to respond within
twenty days, the parenting time rights of such parent shall be suspended until further order of the
court. If such parent responds and objects, a hearing shall be held within thirty days of such
response. The court may determine that any offending parent who responds and objects shall be
responsible for the costs associated with any hearing, including reasonable attorney fees incurred
by the other parent. In making such determination, the court shall consider the criminal record of
the offending parent and any actions to harass the other parent and the children, any mitigating
actions by the offending parent, and whether the actions of either parent have been substantially
frivolous, substantially groundless, or substantially vexatious. The offending parent shall have the
burden at the hearing to prove that parenting time by such parent is in the best interests of the
child or children.
(b) The provisions of paragraph (a) of this subsection (3) shall apply to the following
crimes:
(I) Murder in the first degree, as defined in section 18-3-102, C.R.S.;
(II) Murder in the second degree, as defined in section 18-3-103, C.R.S.;
(III) Enticement of a child, as defined in section 18-3-305, C.R.S.;
(IV) (A) Sexual assault, as described in section 18-3-402, C.R.S.; and
(B) Sexual assault in the first degree, as described in section 18-3-402, C.R.S., as it
existed prior to July 1, 2000;
(V) Sexual assault in the second degree, as described in section 18-3-403, C.R.S., as it
existed prior to July 1, 2000;
(VI) (A) Unlawful sexual contact if the victim is compelled to submit, as described in
section 18-3-404 (2), C.R.S.; and
(B) Sexual assault in the third degree if the victim is compelled to submit, as
described in section 18-3-404 (2), C.R.S., as it existed prior to July 1, 2000;
(VII) Sexual assault on a child, as defined in section 18-3-405, C.R.S.;
(VIII) Incest, as described in section 18-6-301, C.R.S.;
(IX) Aggravated incest, as described in section 18-6-302, C.R.S.;
(X) Child abuse, as described in section 18-6-401 (7) (a) (I) to (7) (a) (IV), C.R.S.;
(XI) Trafficking in children, as defined in section 18-6-402, C.R.S.;
119