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14-10-128. Hearings.

Statute text

(1) Proceedings concerning the allocation of parental responsibilities with respect to a child shall receive priority in being set for hearing.

(2) The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court deems necessary to determine the best interests of the child.

(3) The court without a jury shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interests, the court may exclude the public from a hearing concerning the allocation of parental responsibilities but may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the court.

(4) If the court finds it necessary in order to protect the child's welfare that the record of any interview, report, investigation, or testimony in a proceeding concerning the allocation of parental responsibilities be kept secret, the court shall make an appropriate order sealing the record.

History

Source: L. 71: R&RE, p. 531, 1. C.R.S. 1963: 46-1-28. L. 98: (1), (3), and (4) amended, p. 1386, 14, effective February 1, 1999.

Annotations

 

ANNOTATION

Annotations

Award for fees of eight witnesses without specific finding of their necessity held to be error in child custody hearing. Weber v. Wallace, 789 P.2d 427 (Colo. App. 1989).

Applied in In re Agner, 659 P.2d 53 (Colo. App. 1982).