2021 Colorado Code
Title 14 - Domestic Matters
Article 10 - Uniform Dissolution of Marriage Act
§ 14-10-132. Affidavit Practice

A party seeking the modification of a custody decree or a decree concerning the allocation of parental responsibilities shall submit, together with his or her moving papers, an affidavit setting forth facts supporting the requested modification and shall give notice, together with a copy of his or her affidavit, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested modification should not be granted.

History. Source: L. 71: R&RE, p. 532, § 1. C.R.S. 1963: § 46-1-32. L. 84: Entire section amended, p. 479, § 2, effective March 16. L. 98: Entire section amended, p. 1390, § 21, effective February 1, 1999. History. Source: L. 71: R&RE, p. 532, § 1. C.R.S. 1963: § 46-1-32. L. 84: Entire section amended, p. 479, § 2, effective March 16. L. 98: Entire section amended, p. 1390, § 21, effective February 1, 1999.

An ex parte order changing custody of a child without notice to the custodial parent violates due process and is, therefore, void. Ashlock v. District Court, 717 P.2d 483 (Colo. 1986).

Verified motion for modification does not change burden of proof. A verified motion for modification of a prior custody decree, alleging various changes of circumstances for the mother, the father and the children, does not place the burden of proof or of going forward on the custodial parent. In re Davis, 43 Colo. App. 302, 602 P.2d 904 (1979).

Where affidavits show noncooperation which renders the general order for visitation, in essence, a nullity, adequate cause for a hearing is established and the court should set a date for a hearing to show cause why the requested modification should not be granted. In re Sepmeier, 782 P.2d 876 (Colo. App. 1989).

Motion to modify custody that was unverified and not supported by any factual averments failed to meet the threshold requirement. A claim contesting the court's denial of the motion on the ground that it failed to meet the threshold was without merit. In re Michie, 844 P.2d 1325 (Colo. App. 1992).

This section does not apply to modification of child support. In re Jones, 703 P.2d 1328 (Colo. App. 1985).

Applied in McGraw v. District Court, 198 Colo. 489 , 601 P.2d 1383 (1979).