In many instances, you must rightly remove a child from the care of another parent for safety concerns or because the parent or guardian are a risk to take or abduct the child.
- In cases of child abuse, neglect, or situations involving domestic violence, alcohol or drug abuse, you must protect your children and yourself from the actual or potential harm of the other parent.
- If you find yourself in such an emergency circumstance and are contemplating removing the child from either the state or from the care or control of the other party, you need professional legal assistance.
The Drexler Law Group can make sure the entire process is handled in a legally recognized manner and that the reasons for removing a child can be substantiated or supported when challenged later by the other parent.
Child Custody Dispute: Which State Will Decide?
If children are in a different state, you as a parent need legal help determining where to file your case. Determining which state has jurisdiction to enter child custody orders is sometimes the first issue that must be resolved before proceeding into the issue of parenting plans, custody orders and even child support.
The UCCJEA provides guidance as to which state has jurisdiction to hear a custody or parenting dispute.
- Once a child has been present in a state for at least six months, that state becomes the “home state” of the child; and any disputes on parenting can be heard in that state.
- If the child has not been present in any state for at least six months, the court will look into other factors to determine whether that state is the appropriate jurisdiction or venue for the case.
- Once a state exercises jurisdiction over a parenting matter, that state retains jurisdiction until such time as the child moves away; then a new state establishes or obtains jurisdiction. It’s even possible for a state to decline or relinquish jurisdiction.
The Drexler Law Group can provide insight, strategy and aggressive representation in even the most complex or heated jurisdictional disputes. Often, it is to a client’s advantage to have a local court exercise jurisdiction in other instances where an out-of-state client needs our assistance here in Colorado to fend off an attempt to pull jurisdiction here. Our attorneys are proud of our ability to collaborate with co-counsel in other jurisdictions to determine which state will provide the client with the best advantage and to work as a team to fight for the rights of the client.
If you recently moved to Colorado
The Drexler Law Group can assist you in registering your orders in the Colorado courts, a process known as the registration of a foreign decree. The procedure to register another state’s orders involves both an issue of timing and an issue of proper procedures, including the coordination of the exemplified or official record of the original state. Remember that if we achieve an order allowing a relocation from Colorado, we may need to record the order in the next state to provide for additional enforcement remedies.