PKPA, UCCJEA, HAGUE Interstate Custody Lawyers
Out of state Custody: When challenging or litigating out of state child custody and child visitation issues in Colorado, parents should be aware of the legal concerns arising from out of state or interstate child custody cases. Our Denver, Colorado interstate child custody attorneys at Watson & Associates, LLC are well versed in this area of family law and can guide you in the right direction. Free initial consultation
After a Colorado divorce, a parent may be required to, or choose to relocate out of state for various reasons. An example of this would be in a military divorce. This can create an interstate child custody dispute that must be carefully looked at by an experienced Colorado family law or interstate child custody lawyer. The firm can immediately assist you with:
- parenting plans
- Filing appropriate custody forms
- complex out of state custody cases
- custody modifications
- paternity
- family law
- child support
- divorce
Jurisdiction of the Courts
Personal jurisdiction gives the court legal authority of over the respondent person. Subject matter jurisdiction addresses the court’s authority to hear the matters in the case for it to render judgment. Most jurisdictional statutes require the court to have both.
Relocating out of state? Get the representation you need before moving
If you have to relocate out of state, it is important to know that the othr parent does have child custody rights. You generally can not relocate without getting permition. Sometimes emergency child child custody matters may arise and the law gives some latitude to relocate. You must have effective advice before moving out of state. Watson & Associates understand child custody relocation and interstate legal issues. Contact us for a free initial consultation at (720) 941-7200.
Need sound legal analysis as to what state has legal jurisdiction?
An out of state custody dispute may arise when a military divorce is at issue. The parents may be now forced to live out of state and there will be a significant dispute about which parent gets custody. Our Colorado family lawyers are well versed in these matters. We understand the laws that govern out of state or foreign child custody cases and we are committed to researching the case law and precedent that favors your case.
Docketing Foreign Decrees
When analyzing the UIFSA, if netither party continues to live in the issuing state, the Colorado petitioneer cannot use the theory of docketing foreign decrees to modify a support order in Colorado when the repsonding party lives elsewhere. See In re Marriage of Hillstrom
Experienced Interstate Child Custody Jurisdiction Attorneys
Since interstate custody cases require skill and experience, our primary Colorado out of state custody lawyer, Lorraine Stark bring 20 years of family law experience to your case. She has successfully litigated complex and contested custody cases in Denver and throughout Colorado.
The most common issue that arises in a relocation or interstate child custody case is which state has jurisdiction. This is by no way a simple matter. Laws such as UCCJA, PKPA, HAGUE and others come into play. Our child custody litigation lawyers are armed and ready to deal with the complex law that surrounds your situation.
What to do when you are relocating
Out of state child custody concerns are becoming an increased area of family law litigation due to the economy and parents having to make employment choices. Parents should first discuss possibility of relocation with each other and then get the court to officially rule on the issue. Our Denver, Colorado out of state family attorneys can execute and apply the case law to your case.
Aggressive Custody Litigation
In recent years, Out of state and interstate child custody matters have been litigated many times in Colorado. However, various issues and facts arise that still cause parents to litigate relocations custody issues. The facts of each case can vary. However, Colorado family law courts have established set standards for child relocation and out of state matters. To be successful, you will need to have an aggressive and skillful interstate custody litigation lawyer that can create a compelling case on your behalf.
Under the Uniform Child Custody Jurisdiction Act, a Colorado family and custody court will hear the case if your custody lawyer can prove certain facts. The court’s jurisdiction is at issue and the lawyer must understand the rules.
Military Matters
Not all Colorado family lawyers understand military life or can make compelling arguments to a family law court. This is where our family law attorneys set the bar. we understand the military reassigns members based on mission requirements. Whether you are deployed, called to active duty or relocating based on a new assignment, there could be legal issues that you will need help with.
If you happen to be out of state, our lawyers make a more concentrated effort to keep you informed at all times about your case. Contact our Colorado family law and out of state child custody attorney for immediate help.
The new Uniform Child Custody Jurisdiction and Enforcement Act significantly eliminates the conflicts and problems, which surround interstate custody and visitation cases, and, most importantly, includes a provisions for enforcing interstate custody orders, an issue the original UCCJA did not address. The enforcement provisions are aimed at the continuing problems of child abduction, concealment and evasion when parents and families are at war with each other. You must seriously consider consulting with an experienced Colorado family law attorney to represent you.
Watson & Associates: Interstate Custody Lawyers Solving Problems.
Our Colorado Interstate custody lawyers keep abreast of the changing laws that affect out of state custody litigation. This is the heart of any successful child custody case that involves relocation. The original act authorized four different bases for jurisdiction, and did not provide for home state priority. Like the federal law, the new act prioritizes home state jurisdiction, defining it as the state in which a child lived with a parent, or a person acting as parent, for at least six consecutive months immediately before the beginning of a child custody proceeding. If there is more than one child custody order, therefore, the order from the child’s home state is the one that is enforced.
Out of State Custody Enforcement
If the enforcing Colorado family court is concerned that the parent who has physical custody of the child will flee or harm the child, it is empowered by the act to issue a warrant to take physical possession of the child. The UCCJEA establishes procedures to protect children and parties in cases involving domestic violence, while creating clear rules to determine which court has jurisdiction over custody and visitation cases. As you can see, a skilled Colorado family law attorney must be experienced in this area of law.
Contact our interstate custody lawyers to protect your rights.
If you are a Colorado or Denver parent that has plans to move out of state with the children, or you are located out of state and are looking for an experienced Colorado lawyer, please contact one of our Denver Colorado out of state custody lawyers to ensure that you are following the legal guidelines. Contact us at (720) 941-7200.
Related Web Links
Colorado Judicial Branch US Supreme Court
Colorado Judicial Branch Domestic Forms FAQ
