Spahmer v. Gullette

Summary

The Colorado Supreme Court held that, in an initial allocation of parental responsibilities, a trial court lacks statutory authority to order a parent to live in a specific location. The court must instead consider the parties' intended residences and allocate parenting responsibilities in the child's best interests. The court reversed and remanded because the trial court improperly ordered the mother to remain in Colorado.

Holdings

1. An initial determination to allocate parental responsibilities is governed by section 14-10-124(1.5), not the relocation-modification provisions of section 14-10-129(2)(c). Temporary orders do not constitute the permanent initial allocation and do not convert the proceeding into a relocation modification proceeding.
2. Section 14-10-124(1.5) does not authorize a trial court to order a parent to live in a particular or specific location. The court may consider the physical proximity of the parties when allocating parenting time, but it may not dictate a parent's residence.
3. The trial court abused its discretion by ordering the mother to remain in Colorado. In an initial allocation proceeding, the court must accept the location in which each parent intends to live and allocate parental responsibilities, including parenting time, in accordance with the child's best interests.

Questions Presented

1. Whether an initial proceeding to allocate parental responsibilities is governed by section 14-10-124(1.5), rather than the post-dissolution relocation-modification provisions of section 14-10-129(2)(c).
2. Whether section 14-10-124(1.5) authorizes a trial court to order a parent to live in a particular location in order to facilitate parenting time.
3. Whether the trial court abused its discretion by ordering the mother to remain in Colorado instead of allocating parental responsibilities based on the parties' intended residences.

Disposition

reversed_and_remanded