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14-10-125. Temporary orders

Text

(1) A party to a proceeding concerning the allocation of parental responsibilities may move for a temporary order. The court may allocate temporary parental responsibilities, including temporary parenting time and temporary decision-making responsibility, after a hearing.

(2) If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary order concerning the allocation of parental responsibilities is vacated unless a parent or the person allocated parental responsibilities moves that the proceeding continue as a proceeding concerning the allocation of parental responsibilities and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a decree concerning the allocation of parental responsibilities be issued.

(3) If a proceeding concerning the allocation of parental responsibilities commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary order concerning the allocation of parental responsibilities is vacated.

History

History.
Source: L. 71: R&RE, p. 530, 1. C.R.S. 1963: 46-1-25. L. 84: (1) amended, p. 479, 1, effective March 16. L. 98: Entire section amended, p. 1383, 11, effective February 1, 1999.

Annotations

ANNOTATION

Temporary order is not in any way res judicata as to permanent order. In re Lawson, 44 Colo. App. 105, 608 P.2d 378.

Order granting temporary custody of children is not final for purposes of appeal. In re Henne, 620 P.2d 62 (Colo. App. 1980).