Divorce and Custody Appeals
If you have relocated to Colorado you may be able to transfer your child custody case to Colorado to modify and enforce custody and child support.
Colorado Revised Statutes §14-13-305
Under Colorado law, a Child Custody Determination finalized by a Court in another State can be transferred to Colorado when a number of conditions are met. Included among these conditions is notification to the other party and an opportunity for them to respond and object to the case transfer.
Why transfer my child custody case?
By keeping your child custody case in the out of state Court, all future legal matters you seek to address with the Court must be transacted through that Court directly. This may require your appearance at status conferences or future hearings, significantly increasing the costs of managing your custody case.
Additionally, depending on the jurisdiction, applying Colorado law to your Child Custody matter as opposed to the laws of the out of state jurisdiction could mean the difference between legal standards that are favorable to you and those that are not.
What is involved in the process?
Transferring your Child Custody case to Colorado begins with filing a Petition to Register your Foreign Child Custody Determination. Original and Certified Court documentation from your Child Custody case must be provided to the Colorado Court with your Petition to Register the Foreign Child Custody determination.
Filing your Petition to Register also requires you to demonstrate to the Colorado Court that you have properly served the other party, given them the appropriate Notice, and are advancing to the Court the most current Child Custody orders regarding the children. Any failure on your part to serve the other party properly or in a timely manner can compromise your Petition, just as failing to provide the Colorado Court with the most current and accurate orders regarding your Child Custody matter.
Contact our Fort Collins Family Law Attorneys to see how we can assist you in transferring your Child Custody case.