Can I Transfer My Family Court Case to Another State?
Divorcing spouses and children of divorced parents may no longer live in the state where court decrees impacting a divorce or child custody originate. Transferring a family court case to Colorado or the state you plan to reside in may be more beneficial if you are moving and anticipate enforcement or modification assistance. A Colorado family law attorney can help you determine if transferring your family court case is the most beneficial option for you.
Reasons Transferring a Family Court Case to Another State My Benefit You
Divorce is often a catalyst to move and start over. Should your move bring you to Colorado, certain instances may benefit you by moving your family court cases here, even after a divorce is final. Otherwise, issues with the following court orders may require you to go back to court in the state where your divorce originated if you anticipate future challenges or disputes to current orders, including:
- Child support
- Spousal support
- Family court order modifications
- Parenting agreements or child custody
Regardless of your needs while moving to another state with children or without, discussing your situation with a family law attorney in Colorado is beneficial and may prevent significant legal issues. Moving to another state with children requires parents to follow Colorado’s relocation laws to avoid legal ramifications.
Registering a Foreign Decree in Colorado
Registering decrees such as divorce, support, or custody with Colorado courts is necessary for the state’s jurisdiction over any case. Registering a foreign decree to or from another state is a legal process where individuals must petition the court to register an out-of-state decree or order, giving the courts where you register enforcement or modification authority.
Transferring a Divorce Case to Another State
It will be necessary to present all current records related to a divorce case if you wish to transfer the family court case to Colorado. Serving your spouse to provide notice of the transfer is also a requirement. Correctly submitting the paperwork can be complex. A Broomfield divorce lawyer can help you complete the process.
Interstate Child Custody Cases
Child custody matters require a more in-depth process and must follow laws under the Uniform Child-Custody Jurisdiction and Enforcement Act (C.R.S. 14-13-101). Granting Colorado jurisdiction over child custody cases may occur for the following reasons:
- Another state’s declining jurisdiction based on Colorado being the more acceptable place for court proceedings
- Significant evidence exists in Colorado about a child’s safety and care, relationships, or training
- Within 182 days of court proceedings, Colorado is or was the home state of the child, and at least one parent still resides in the state
- A vital connection to Colorado other than residency exists for the parents and child
Changes to child custody arrangements in Colorado are based on the child’s best interest. Navigating these emotional decisions requires steady guidance while applying state laws. Before relocating, it is always recommended to speak to Colorado family courts and a Colorado family law attorney.
Should I Transfer My Family Court Case to Another State?
Each family court case is as unique as the families it represents. Moving a family court case to accommodate changes in support decrees or child custody arrangements may provide easier accessibility when legal issues arise, preventing major disruptions in work, school, or family schedules. Learn more about transferring your family court case to another state or to Colorado.