In Re Marriage of Bozarth

The question in this case is whether the spousal testimonial privilege created by section 13-90-107(l)(a), 6A C.R.S. (1987), is applicable to a hearing on a motion for modification of child custody filed by the noncustodial father under circumstances where the custodial mother, who has remarried subsequent to the dissolution of her marriage to the father, invokes the spousal testimonial privilege in order to prohibit her present husband from testifying as to her care and treatment of the child. The district court ruled that the mother’s invocation of the spousal testimonial privilege…