In Re Marriage of Bozarth

779 P.2d 1346 (1989)

In re MARRIAGE OF Pamela BOZARTH, Petitioner, and

Nathan Bozarth, Respondent.

No. 88SC244.

Supreme Court of Colorado, En Banc.

October 2, 1989.

H.E. Carleno & Associates, P.C., H.E. Carleno, Littleton, for petitioner.

Sampson & Associates, Carolyn L. Sampson, Golden, for respondent.

Chief Justice QUINN delivered the Opinion of the Court.

The question in this case is whether the spousal testimonial privilege created by section 13-90-107(1)(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…