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Child custody matters fought over state lines is becoming an increasingly frequent issue these days for a number of reasons. Taking a lucrative job in another state, moving back home and close to family for post-divorce support, or simply moving to an environment that may be more healthy for raising children are all reasons people may end up in different states either during or after the divorce process. But the question then becomes, which state is the case heard in?
There are a number of factors involved in determining which state to file in. Most likely there will be only two states involved, but it is possible to have more than two states involved in cases where there is frequent moving of the parties. Generally, any state in which any of the parties or the children have lived in for the last year is a possible place to file an action.
Many states follow a uniform law regarding state jurisdiction in custody matters, known as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and Colorado follows this statute as well. The idea behind this law is to minimize the potential difficulties in determining which of several states has jurisdiction in a matter.
Usually the state the child has been living in for the last six months will have jurisdiction over the matter. However, if one of the parents still lives in Colorado, and the other parent and child moved to another state, Colorado can still have jurisdiction as long as one of the parents continues to live in the state. It is even possible for Colorado to have jurisdiction if neither parent is living in Colorado as long as the child and at least one parent have a “significant connection to the state” and there is substantial evidence in Colorado (for example, witnesses). In certain situations it may be possible to transfer the case to another state because another state would be more convenient or appropriate.
In other cases, people have already gone through the divorce process in Colorado, and since that time either one or both parents have moved to different states. If a modification of the original child custody orders is needed, and neither parent has lived in Colorado for some time, it may be possible to file the modification matter directly in another state rather than coming back to Colorado. If one of the parents still lives in Colorado, though, Colorado will continue to have jurisdiction if the child has lived here for the last six months, or has lived here within six months of filing the modification.
Additionally, in times of emergency, it may be possible to get a court to assume temporary jurisdiction over a matter even if it doesn’t otherwise meet the standard jurisdictional requirements. However, these types of situations are reserved for true emergencies, such as if the child has been abandoned in Colorado.
If you are filing for orders involving child support, there are different jurisdictional rules which apply. Even if you and the child do not live in Colorado, you can still file an action for child support here if the other parent presently lives here, or has lived here in the past either with the child, or provided financial support for the child while living in Colorado. Even if none of these apply, it may still be possible to gain Colorado jurisdiction if the person is personally served in Colorado.
If your matter involves a divorce, you’ll have to satisfy the domicile period before filing, which varies from state to state. In Colorado, you must live continuously in the state for 90 days before being able to file a divorce action. Some states have shorter periods, other states may have longer periods up to one year. However, even if you are living outside of Colorado, you can still file an action here if the other party can meet the 90 day requirement – only one party must meet this requirement.
As you can see, there are a lot of details involved in determining which state can hear your case and where to file. If your case presents jurisdictional issues, it’s best to consult with an attorney in order to minimize fees and frustration in determining which state to file in.
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