Order of Additional Parenting Time

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-073 LLS NO. 26-0498.01 Chelsea Princell x4335 SENATE SPONSORSHIP Bright, HOUSE SPONSORSHIP (None), Senate Committees House Committees Judiciary A BILL FOR AN ACT CONCERNING ADDITIONAL PARENTING TIME FOR A PARENT WHO IS WRONGFULLY DENIED COURT-ORDERED PARENTING TIME.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill allows a court to order additional parenting time to a parent or legal custodian who was wrongfully denied court-ordered parenting time if the denial resulted from an investigation by a law enforcement agency, child welfare agency, or county department of human or social services and the investigation did not result in a substantial finding of abuse or neglect. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

The additional parenting time ordered by a court must be of the same type and duration as the parenting time that was wrongfully denied; may include weekend, holiday, or vacation periods; and must be exercised by the parent or legal custodian no later than 2 years after the date the court finds that parenting time was wrongfully denied.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, add 14-10-129.7 as follows:

14-10-129.7. Additional parenting time to compensate for denial of court-ordered parenting time.

(1) UNLESS A PARENT OR LEGAL CUSTODIAN SHOWS GOOD CAUSE AS TO WHY AN ORDER FOR ADDITIONAL PARENTING TIME SHOULD NOT BE ISSUED, THE COURT SHALL ORDER ADDITIONAL PARENTING TIME TO COMPENSATE A PARENT OR LEGAL CUSTODIAN WHO WAS WRONGFULLY DENIED COURT-ORDERED PARENTING TIME IF:

(a) THE DENIAL RESULTED FROM AN INVESTIGATION BY A LAW ENFORCEMENT DEPARTMENT OF HUMAN OR SOCIAL SERVICES; AND AGENCY, CHILD WELFARE AGENCY, OR COUNTY

(b) THE INVESTIGATION DID NOT RESULT IN A FINDING OF ABUSE OR NEGLECT.

(2) THE ADDITIONAL PARENTING TIME:

(a) MUST BE OF THE SAME TYPE AND DURATION AS THE PARENTING TIME THAT WAS WRONGFULLY DENIED;

(b) MAY INCLUDE WEEKEND, HOLIDAY, OR VACATION PERIODS; AND

(c) MUST BE EXERCISED, AS DESCRIBED IN SUBSECTION (3) OF THIS SECTION, NO LATER THAN TWO YEARS AFTER THE DATE THE COURT FINDS THAT PARENTING TIME WAS WRONGFULLY DENIED.

(3) THE PARENT OR LEGAL CUSTODIAN WHO WAS WRONGFULLY DENIED PARENTING TIME MAY SELECT DATES AND TIMES FOR THE ADDITIONAL PARENTING TIME GRANTED PURSUANT TO SUBSECTION (1) OF THIS SECTION WITHIN THE LIMITATIONS DESCRIBED IN SUBSECTION (2) OF THIS SECTION AND IN ACCORDANCE WITH THE PROVISIONS OF THE COURT ORDER.

(4) THIS SECTION DOES NOT:

(a) CREATE A CAUSE OF ACTION AGAINST THE DEPARTMENT OF HUMAN SERVICES, A CHILD WELFARE AGENCY, OR A LAW ENFORCEMENT AGENCY; OR (b) CONSTITUTE A MATERIAL OR SUBSTANTIAL CHANGE IN CIRCUMSTANCES SUFFICIENT TO MODIFY A PARENTING TIME ORDER ENTERED BEFORE THE EFFECTIVE DATE OF THIS SECTION.

(5) THIS SECTION APPLIES TO ALL PARENTING TIME DISPUTES OR MOTIONS FILED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. AN ACTION IN WHICH A FINAL PARENTING TIME ORDER WAS ENTERED BEFORE THE EFFECTIVE DATE OF THIS SECTION IS GOVERNED BY THE LAW IN EFFECT AT THE TIME OF THAT PARENTING TIME ORDER.

SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.