(1) Except as otherwise agreed by the parties in writing at the time of the decree concerning the allocation of parental responsibilities with respect to a child, the person or persons with responsibility for decision-making may determine the child's upbringing, including his or her education, health care, and religious training, unless the court, after hearing and upon motion by the other party, finds that, in the absence of a specific limitation of the person's or persons' decision-making authority, the child's physical health would be endangered or the child's emotional development significantly impaired.
(2) If both parties or all contestants agree to the order or if the court finds that in the absence of the order the child's physical health would be endangered or the child's emotional development significantly impaired, the court may order the county or district welfare department to exercise continuing supervision over the case to assure that the terms relating to the allocation of parental responsibilities with respect to the child or parenting time terms of the decree are carried out.
Source: L. 71: R&RE, p. 531, 1. C.R.S. 1963: 46-1-30. L. 93: (2) amended, p. 580, 13, effective July 1. L. 98: Entire section amended, p. 1388, 17, effective February 1, 1999. L. 2015: (2) amended, (SB 15-099), ch. 99, p. 289, 2, effective August 5.
Cross references: For the legislative declaration contained in the 1993 act amending subsection (2), see section 1 of chapter 165, Session Laws of Colorado 1993.
Law reviews. For article, "Moving the Children Out of State", see 12 Colo. Law. 1450 (1983). For article, "Family Law and Juvenile Delinquency", see 37 Colo. Law. 61 (Oct. 2008).
Section does not deny noncustodial parent equal protection. The contention that this section, which gives the custodial parent the right to determine the child's upbringing, "including his education, health care, and religious training", denies to a noncustodial parent the equal protection of the law is totally without merit. Rhoades v. Rhoades, 188 Colo. 423, 535 P.2d 1122 (1975).
Premarital agreements concerning religious training of unborn children are unenforceable in courts. In re Wolfert, 42 Colo. App. 433, 598 P.2d 524 (1979).
"Joint selection of schools" provision in separation agreement is unenforceable and the custodial parent retains the ultimate authority to select the child's school. Griffin v. Griffin, 699 P.2d 407 (Colo. 1985).
Section does not deny noncustodial parent first amendment rights where noncustodial parent does not allege physical or emotional harm to child and custodial parent approves and ratifies court's order specifying terms of mental health counseling for child. In re Jaeger, 883 P.2d 577 (Colo. App. 1994).
Ability to permit child to initiate litigation is within authority of custodial parent only. Montoya by Montoya v. Bebensee, 761 P.2d 285 (Colo. App. 1988).
Order allowing noncustodial grandparent to take children to church was invalid where unsupported by any finding that, absent order, children's physical or mental health would be at risk. In re Oswald, 847 P.2d 251 (Colo. App. 1993).
Grandparent visitation statute does not authorize an order impinging on custodial parent's rights under this section. In re Oswald, 847 P.2d 251 (Colo. App. 1993).
Order tending to negate custodial parent's preference concerning religion is unconstitutional, even if parent chooses to provide no religious instruction at all. In re Oswald, 847 P.2d 251 (Colo. App. 1993).