Interstate Child Custody Jurisdiction In Colorado

Are you involved in a Colorado child custody matter? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

Both state and federal law govern interstate child custody matters. The governing federal law is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). UCCJEA identifies when states can exercise original jurisdiction over a child custody determination, as well as requirements for modification and enforcement. Colorado’s codification of the UCCJEA authorizes the court in a child custody proceeding to exercise jurisdiction over a person outside Colorado if reasonable notice of the action and an opportunity to be heard is given if Colorado is the home state of the child.

Under the UCCJEA, notice may be given under Colorado service of process law or under the law of the state where service is made, to include service by publication. Even if service was not initially proper, a respondent may subject himself to jurisdiction by consenting to jurisdiction, entering an appearance, or by filing an answer and requesting relief. Under the UCCJEA, the “home state” of the child has priority to exercise jurisdiction in a “child custody determination.” Colorado has codified the UCCJEA in C.R.S. Title 14. The home state is the state where a child lived with a parent or a person acting as a parent for at least 182 consecutive days immediately prior to the commencement of a child-custody proceeding. If the child is less than six months old, it is the state in which the child has lived since birth.

Once a Colorado court has made an initial allocation of parental responsibilities determination, that court has exclusive, continuing jurisdiction over the determination until:

(1) A Colorado court determines that the child, the child’s parents, and any person acting as a parent do not have a significant connection with Colorado and that substantial evidence is no longer available in Colorado about the child, or

(2) A Colorado court or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in Colorado.

In order for a custody case to transfer to another jurisdiction, Colorado must release jurisdiction after a judicial conference. A court of another state can not simply assume jurisdiction without a judicial conference and a consideration of where jurisdiction would be most appropriate.

Under full faith and credit, Colorado courts must recognize and enforce child custody determinations from another state, as long as the issuing court properly exercised jurisdiction.^[1]92 However, there are some limitations. For example, the Due Process Clause of the United States Constitution prohibits a United States court from issuing, recognizing, or enforcing a judgment unless the court that issued the judgment had personal jurisdiction over the defendant.

In order for a Colorado court to enforce an out-of-state child custody order, the order must first be registered in Colorado. Colorado law requires courts to conduct a constitutional due process analysis of out-of-state decree registration requests when jurisdiction is challenged with specificity and to refrain from registering orders that do not comport with constitutional jurisdictional requirements. Per In re Marriage of Lohman, “[a] court in the United States may not recognize a judgment of the court of a foreign state if: (a) the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with due process of law; or (b) the court that rendered the judgment did not have jurisdiction over the defendant in accordance with the law of the rendering state and with the rules set forth in § 421.” Constitutional due process principals apply both to orders issued by out-of-state and out-of-country courts. However, it is not common that Colorado finds due process violations in the issuance of out-of-state orders. Further, “[w]hen the foreign judgment is challenged in the enforcement court, that court must determine both whether the forum court had personal jurisdiction over the defendant under its laws, and whether enforcement of the resulting judgment meets the requirements of the Due Process Clause.”

Registration of an order for the purpose of modification or enforcement is governed by C.R.S. § 14-13-305. The registration process involves personal service of a petition requesting the registration and filing exemplified copies of all pleadings, motions and orders from the original court action. This ensures that the court has the operative order which is the most recent order issued in an out of state case and can see the entire flow and context of the past case. The other party may object to the registration on specified grounds. UCCJEA also offers international remedies. Under the UCCJEA, Colorado courts have the authority to enforce an order for the return of an internationally-abducted child under the Hague Convention. Recourse for international abductions is also available in federal court.

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.

1. 92See C.R.S. § 14-13-303. ↑