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Interstate & international custody.

Before any court decides where a child lives, the law decides which court gets to. The home-state rule, the six-month clock, emergency jurisdiction and the international treaties all turn on where the child has actually been living, and on who filed first, where.

  1. 01Three rules that decide the forum
  2. 02Timing is the strategy
  3. 03Exclusive continuing jurisdiction
  4. 04Narrow doors, sharp edges
  5. 05Out-of-state and foreign orders in Colorado…
  6. →What people ask first
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Six months decides the forum.

Colorado’s UCCJEA, C.R.S. § 14-13-101 and following, gives jurisdictional priority to the child’s home state: where the child lived with a parent for at least six consecutive months (182 days) before the case began, counting temporary absences. Crucially, a left-behind parent preserves the prior state’s home-state status for six months after a move — a relocating parent cannot manufacture jurisdiction by arriving somewhere new and filing. For mobile families, the calendar is strategy: where the six-month clock stands on filing day often matters more than any argument made afterward.

Families with two homes, a relocation in progress, or a parent abroad face a question that comes before custody: which state’s courts decide?

A boy with a rolling backpack on the front lawn, his father’s hand on his shoulder, his mother waiting at the open car door
Two front doors, one child

Three rules that decide the forum.

01
Exclusive continuing jurisdiction.

The state that enters the initial order keeps the power to modify it while a parent or the child still lives there with a significant connection. Another state cannot modify the order merely because the child now spends more time there.

02
Narrow emergency doors.

A Colorado court may take temporary emergency jurisdiction over a child present here who has been abandoned or needs protection, but it must confer with the home state and set deadlines. The statute also polices self-help: wrongful removal or retention to create jurisdiction is penalized, not rewarded.

03
Orders travel.

Colorado registers and enforces conforming orders from other states on an expedited track, with hearings the next judicial day and warrants where removal is imminent, and enforces foreign orders rendered in substantial conformity with the UCCJEA.

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A custody case crossing state lines? Three fields, thirty seconds. During business hours my office calls you back within the hour.

Timing is the strategy.

A boy on the couch on a video call with his father on a tablet, his mother at the kitchen island giving them the room
Fixed call days and times, in the plan

In a mobile family the question is often decided by who files where, and when. I map the six-month clocks before anything is filed, and where a parent abroad is involved, the abduction-prevention tools, passport surrender, bond, supervised exchanges, go into the first motion rather than the last.

Exclusive continuing jurisdiction.

The state that enters the initial custody determination keeps exclusive jurisdiction to modify it while a parent or the child still lives there with a significant connection and substantial evidence in-state. Another state cannot modify the order merely because the child now spends more time there; the issuing court generally must first determine it has lost jurisdiction or that another forum is more convenient. Colorado courts have voided orders entered after jurisdiction was relinquished carelessly — the doctrine is unforgiving of shortcuts, in both directions.

Narrow doors, sharp edges.

A petition for dissolution of marriage beside a wall calendar
The petition, and the calendar it starts

A Colorado court may take temporary emergency jurisdiction over a child present here who has been abandoned or needs protection from mistreatment or abuse — but the jurisdiction is temporary by design: the court must confer with the child’s home state and set deadlines, and emergency orders ripen into permanent ones only in defined circumstances. The statute also polices self-help: a parent who wrongfully removes or retains a child to create jurisdiction faces mandatory declination and fee awards. The inconvenient-forum factors — domestic violence and which court can best protect the parties, distance, finances, where the evidence lives — give courts a structured way to place the case where it belongs.

Out-of-state and foreign orders in Colorado courts.

Colorado registers and enforces conforming custody orders from other states through an expedited process — a hearing on the next judicial day after service in enforcement proceedings, warrants for a child’s physical custody where serious harm or removal from the state is imminent, and prevailing-party fees. Foreign-country orders are enforced when rendered in substantial conformity with UCCJEA standards, and abduction-prevention measures — passport surrender, travel bonds — are available on a credible risk of abduction. For international families, this framework runs alongside the Hague Convention, and the interplay is precisely where experienced sequencing pays.

What I tell every parent in a two-state case.

Five things, before anyone files anything.

A color-coded family calendar on a refrigerator, two house keys beside it
  1. Jurisdiction is decided first, and it is decided on facts.

    Where the child has lived for the last six months is the home state. A move made to change that answer is looked at hard.

  2. Filing first matters, in the right court.

    A petition in the wrong state buys delay and a dismissal. A petition in the right one sets the forum for years.

  3. Emergency jurisdiction is narrow.

    A court where the child happens to be can act to protect the child, briefly. It does not get to decide the case.

  4. Existing orders follow the child.

    Registering and enforcing another state’s order in Colorado is a procedure, and it works. Ignoring the order does not.

  5. International cases run on treaties and clocks.

    The Hague Convention has its own deadlines and defenses. Days matter; call before you act.

Which state decides comes before custody itself, and it is frequently won or lost on timing.

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Withheld parenting time

The other parent is not following the schedule? That is enforcement, not modification.

Colorado has a statute built for withheld parenting time: a verified motion under C.R.S. § 14-10-129.5, decided on the papers within thirty-five days, with make-up time of the same kind and length as the time lost, attorney fees the court must award against the parent who withheld or failed to exercise the time, and contempt as one remedy among several. Make-up time, not jail, is usually the point. A single withheld weekend supports make-up time and fees under this statute even where it would not support contempt.

The questions people ask in a two-state case.

Which state decides custody when the parents live in different states?

The child’s home state: where the child lived with a parent for at least six consecutive months, 182 days, before the case began, counting temporary absences. That state has jurisdictional priority under the Uniform Child-Custody Jurisdiction and Enforcement Act, which Colorado has adopted. In a mobile family the calendar is the strategy: where the six-month clock stands on filing day often matters more than anything argued afterward.

My ex just moved to another state with our child. Can they file there?

Not immediately. A left-behind parent preserves the prior state’s home-state status for six months after the move, so a relocating parent cannot manufacture jurisdiction by arriving somewhere new and filing. And a parent who wrongfully removes or retains a child to create jurisdiction faces mandatory declination and fee awards. Filing first, in the right court, sets the forum for years; filing in the wrong one buys delay and a dismissal.

We have a Colorado order but the child now lives with me in Texas. Can Texas modify it?

Generally not while a parent or the child still lives in Colorado with a significant connection and substantial evidence here. The state that entered the initial order keeps exclusive continuing jurisdiction to modify it; another state cannot modify the order merely because the child now spends more time there, and the issuing court generally must first determine that it has lost jurisdiction or that the other forum is more convenient.

What is emergency jurisdiction?

A narrow door. A Colorado court may take temporary emergency jurisdiction over a child present here who has been abandoned or needs protection from mistreatment or abuse, but the jurisdiction is temporary by design: the court must confer with the home state and set deadlines, and emergency orders ripen into permanent ones only in defined circumstances. The court where the child happens to be can act to protect the child, briefly. It does not get to decide the case.

How do I enforce my out-of-state custody order in Colorado?

Register it. Colorado registers and enforces conforming orders from other states on an expedited track: a hearing on the next judicial day after service in an enforcement proceeding, a warrant for the child’s physical custody where serious harm or removal from the state is imminent, and fees to the prevailing party. Ignoring the other state’s order does not work; registering it does.

The other parent is abroad, or wants to take the children abroad. What protects me?

Abduction-prevention measures, sought in the first motion rather than the last: passport surrender, travel bonds, supervised exchanges, and specific travel restrictions in the order, available on a credible risk of abduction. Foreign-country orders are enforced in Colorado when rendered in substantial conformity with the Act’s standards, and for international families this framework runs alongside the Hague Convention, which has its own deadlines and defenses. Days matter; call before you act.

Does a Colorado court have to hear my case just because it has jurisdiction?

No. The inconvenient-forum factors let a court with jurisdiction decline it in favor of a better one: domestic violence and which court can best protect the parties, the distance, the parties’ finances, where the evidence about the child lives, and how familiar each court is with the facts. The doctrine is unforgiving of shortcuts in both directions; Colorado courts have voided orders entered after jurisdiction was relinquished carelessly.

What should I do before filing anything?

Map the clocks. Where the child has lived for the last six months, when any move happened, whether an order exists anywhere and whether a parent or the child still lives in that state. Jurisdiction is decided first and on facts, and a petition filed in the right court on the right day is worth more than any argument made after.

Keep reading

Where to go next.

The next page in this chapter, the pages that belong with it, and the blog posts on the same question.

From the blog, on this topic

All articles from the blog →

Two states, one child. Let’s settle which court before we argue about anything else.

A consultation is a working session, in person in Greenwood Village or by video: we go through your situation and I tell you what I would do. Your note reaches my office directly; during business hours we call you back within the hour, run the conflicts check, and set the meeting.

The fastest thing you can do today

Talk to us about your case.

303-507-5529

One call. A real person picks up, hears you out, and tells you how we would handle what you are facing and what to do first. No phone tree, no sales pitch, no obligation. Your first conversation is with our intake paralegal, who will get you to Aaron fast.

Rather write? Send a short note and during business hours we call you back within the hour.

A person answersMonday–Friday, 9 to 5No obligation