Colorado § 14-10-132 - Affidavit practice.
Full text of Colorado Colorado Revised Statutes § 14-10-132 — Affidavit practice., with citation guidance and answers to common questions.
§ 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.
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.
ANNOTATION
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).
Frequently Asked Questions About Colorado § 14-10-132
What does Colorado Revised Statutes § 14-10-132 cover?
Section 14-10-132 ("Affidavit practice.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 14-10-132?
A common citation format is "Colorado Revised Statutes § 14-10-132" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 14-10-132 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.