The courts in Colorado custody cases make all decisions in the child’s best interests. When divorcing or unmarried parents agree on a shared parenting schedule and present it to the court, a judge typically signs the agreement into binding orders.
If the parents cannot agree on custody, they present their arguments to the judge and the judge decides. But what if one parent moves out of state for work or other reasons, either before the court settles custody or after a custody agreement?
Does the original child custody order still apply if one parent leaves Colorado? How does child custody work when a parent lives in another state? Let’s find out.
Almost all states, including Colorado, have adopted the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). This act helps states avoid conflicts with other states in matters of child custody decisions and enforcement by setting guidelines for establishing jurisdiction. The purpose of the UCCJEA is to do the following:
Finally, the UCCJEA provides guidelines for establishing emergency jurisdiction if a child is in imminent danger.
The original jurisdiction to make an initial child custody decision is the child’s home state. The courts agree that a child’s home state is one in which they’ve lived for at least six months before the case’s filing date, or from birth if a child is less than six months old. A child’s home state may change if a child moves with a parent or guardian to a new state once they’ve lived in the new state for at least six months.
If a parent removes the child to another state before filing, the original state still has jurisdiction as long as one parent still lives there. That state retains jurisdiction until the parent and child resides in the new state for at least six months.
Under Colorado 14-13-203, the law states the following:
“…a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section…”
In other words, a parent must establish jurisdiction in Colorado by living there with a child for at least six months before the court has jurisdiction and will consider a request for modification of another state’s custody order. Conversely, other states may not modify a Colorado custody agreement unless a parent establishes jurisdiction in that state. Exceptions to this law exist to establish temporary emergency jurisdiction for children who are in immediate danger.
Child custody decisions are often the most hotly contested cases in Colorado courtrooms. When one parent relocates to another state, the matter becomes far more complex, making equally shared parenting time challenging or unobtainable, and generating questions of jurisdiction in interstate child custody cases.
Call the experienced Denver child custody attorneys at Ciancio Ciancio Brown, P.C. for experienced legal representation in this complex area of interstate child custody law.
