Marriage of Robinson
25CA0306
| Colo. Ct. App. | Aug 14, 2025Background
- Robinson (father) and Freeman (mother) divorced in 2012 and share two children; parenting time has been modified multiple times since.
- In November 2024, father moved to modify parenting time to an equal schedule, citing "substantial dysfunction" but gave few specific grounds.
- Mother objected, arguing father failed to state the required best interests grounds per Colorado law (C.R.C.P. 7 and § 14-10-124(1.5)(a)).
- Without a hearing, the magistrate denied father’s motion for lack of specificity; the district court adopted the magistrate’s order on review.
- While appeal was pending, the older child reached adulthood, making the issue moot as to her, but the case continued for the younger child.
Issues
| Issue | Robinson's Argument | Freeman's Argument | Held |
|---|---|---|---|
| Constitutionality of best interests factors (§ 14-10-124(1.5)(a)) | Factors are too subjective; violate equal protection and due process | Statute is constitutionally valid and required by law | Factors are not unconstitutional; no equal protection or due process violation |
| Sufficiency of Motion to Modify Parenting Time | Failure to plead best interests sufficiently should not bar relief due to alleged unconstitutionality | Motion failed to state specific grounds as required by law | Denial affirmed: motion properly denied for lack of specificity |
| Mootness of Appeal for Older Child | N/A | N/A | Appeal dismissed as to older child, who turned eighteen |
| Requirement for Fact-Based Pleading in Parenting Motions | Statutory factors are arbitrary and should not be required | Law requires specificity and fact-based rationale | Law is clear; specificity required; argument rejected |
Key Cases Cited
- In re Marriage of Tibbetts, 2018 COA 117 (parenting orders unenforceable for adult children)
- In re Marriage of Tonnessen, 937 P.2d 863 (equal protection analysis in family law)
- In re Marriage of Sheehan, 2022 COA 29 (review standards for magistrate decisions)
- In re Marriage of Young, 2021 COA 96 (review of factual findings on appeal)
- In re Marriage of Garst, 955 P.2d 1056 (requirement for factual findings in parenting decisions)
- In re Marriage of Smith, 7 P.3d 1012 (distinction between substantive and procedural due process)