Practice Areas
Establishing Jurisdiction for Child Custody
Where to file for initial custody determinations
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is the uniform law adopted by most U.S. states, Colorado included. The UCCJEA provides many provisions including “Initial Child-Custody Jurisdiction,” which determines the state that has authority to make an initial child custody determination. This pertains to both physical custody (parenting time and physical care of the child) and legal custody (decision-making). The UCCJEA applies to all child-custody proceedings, including cases that involve the allocation of parental responsibilities, paternity, guardianship, termination of parental rights, legal separation, and in divorce cases where custody determinations are to be made. The UCCJEA also has provisions for establishing the state that retains authority to modify custody orders over time and mechanisms for enforcing custody orders across state lines. However, as the purpose of this blog is to discuss how a court can obtain jurisdiction over an initial custody determination, we focus on the “Initial Child-Custody Jurisdiction” provisions of the UCCJEA. Under the UCCJEA, there are a few ways to establish that Colorado courts have jurisdiction to make an initial child-custody determination:
Home State: The most common and prioritized way to establish that a state has jurisdiction to make initial custody determinations is by establishing that said state is the child’s home state. Under C.R.S. § 14-13-201(1)(a), Colorado has jurisdiction to make an initial child-custody determination if Colorado is the home state of the child on the date the child-custody case is filed or was the home state of the child within 182 before the case was filed and the child is absent from Colorado but a parent or person acting as a parent continues to live in Colorado. Under C.R.S. § 14-13-102(7)(a), home state means the state in which a child lived with a parent or a person acting as a parent for at least 182 consecutive days immediately before the filing of a child-custody case. If the child is less than six months old, “home state” refers to the state where the child has lived since birth.
Significant Connection: Under C.R.S. § 14-13-201(1)(b), if the child does not have a home state as defined above, or another state has declined to exercise jurisdiction because they’ve determined Colorado is the more appropriate place for the initial child-custody determination to be made, Colorado may exercise jurisdiction if 1) the child and the child’s parents, or the child and at least one parent or person acting as a parent have a significant connection with Colorado (other than mere physical presence) and 2) substantial evidence is available in Colorado concerning the child’s care, protection, training, and personal relationships.
More Appropriate Forum: Under C.R.S. § 14-13-201(1)(c), Colorado may exercise jurisdiction to make the initial child-custody determination if all courts having jurisdiction have declined to exercised jurisdiction because they’ve determined Colorado is the more appropriate place for the initial child-custody determination to be made.
Last Resort: Under C.R.S. § 14-13-201(1)(d), Colorado may exercise jurisdiction if no court of any other state meets any of the requirements above to establish jurisdiction.
If your case meets the requirements of C.R.S. § 14-13-201(1), as detailed above, that is the sole jurisdictional authority the Court needs to make an initial child-custody determination. As such, personal jurisdiction over the respondent is not required to make an initial child-custody determination (i.e. it doesn’t matter where the other parent lives). This is a different standard than is required for establishing an Initial Child Support Order or addressing other matters such as property division in a divorce. In any event, when proceeding with an action for an initial child-custody determination, the respondent, typically the other parent, still must be served and provided with notice of the proceedings as required by law. Keep in mind that this blog covers only the provisions for the initial child-custody determination. If a situation arises where a child has been abandoned or there is an emergency, the provisions regarding Temporary Emergency Jurisdiction can be found under C.R.S. § 14-13-204.
At Opfer | Campbell | Beck, P.C., we understand that issues related to jurisdiction and the UCCJEA can be overwhelming and complicated. If you have questions regarding these issues, contact the attorneys at Opfer | Campbell | Beck P.C. for a free 60-minute consultation at (303) 791-0995.
