j_ccu_2018a_2018-10-15t11:02:04z3 Hearing Summary

Kim Willoughby, American Academy of Matrimonial Lawyers (AAML), Colorado Chapter, stated that her organization does not support the NCVA act at this time. The act is inconsistent with current Colorado law, has different standards for who can apply for certain custodial rights, and has a limited range of applicability. If enacted it would cause confusion, especially if not enacted with the Uniform Parentage Act (2017) (UPA\2017) and without repealing some current Colorado law. The chapter believes that Colorado law could be amended to provide additional protections for children who are with individuals functioning as parents but who are not their legal parents.

The commission asked which set of laws in this area is most expansive in its protections and includes the greatest number of people who are able to seek custody or visitation, and for Ms. Willoughby to explain the need for the UPA 2017. Current Colorado law is more expansive regarding protections, but the NCVA allows for current state law regarding de facto and psychological parents, which is part of the confusion. The NCVA is also more limiting regarding grandparent petitions. She explained that the UPA\2017 includes de facto and psychological parents, which are not part of the NCVA. Colorado’s current Uniform Parentage Act is dated and relies on case law to cover some parental presumptions, leaving Colorado with holes in the law.

The commission asked the Colorado chapter of the AAML to assist the commission in determining what portions of the UPA\2017 should be considered to cover gaps in Colorado law. The commission will keep the Nonparent Custody and Visitation Act on its legislative agenda and add the Uniform Parentage Act (2017) to that agenda, but not ask for bill drafts at this point.