Custody

Once either parent files a petition concerning the allocation of parental responsibilities, there is an automatic temporary injunction (order) against both parties stating that both parties cannot:

• bother or disturb the peace of the other party (which can be enforced by the police);
• remove the child from the state without the consent of all other parties or an order of the court; and
• cancel, modify, or stop paying premiums on a health insurance policy that provides coverage to the child or a life insurance policy that names the child as a beneficiary unless:
  • the parent gives all parties at least fourteen days’ notice; and
  • either
    • all parties consent to the cancellation or change in writing; or
    • the judge allows the change or cancellation in a court order.¹

These restrictions becomes effective on the party who files the petition immediately upon filing; they become effective on the other party when s/he is served.¹ They stay in effect until the judge enters the final custody order, dismisses the petition, or enters an order modifying the injunction’s restrictions.²

Note: If either party files for divorce, the same restrictions apply (as well as an additional restriction against transferring, concealing, or getting rid of marital property).³

¹ C.R.S. § 14-10-123(3)(a),(d)
² C.R.S. § 14-10-123(3)(b)
³ See C.R.S. § 14-10-107(4)(b)