About interstate child custody arrangements

Colorado has one of the highest divorce rates in the country. According to data collected by the Center for Disease Control and Prevention, most states have a divorce rate around two or three per 1,000 people in the state’s population. However, Colorado has a divorce rate of 4.4 as of 2011.

Child custody is typically the most difficult issue in a divorce to reach a resolution. This issue becomes even more difficult when the two parents are interstate, which means each parent lives in a different state. This issue does come up from time to time, and the court has ways of handling it.

The Uniform Child Custody Jurisdiction and Enforcement Act

This law came into existence to create a standard guideline for how states are to approach interstate child custody. In the event both parents fight over which state the issue should take place in, preference goes to the child’s home state. This the state in which the child resided in for the last six months. Additionally, a child’s home state will be whichever one the child has the most connections to.

Full Faith and Credit Clause

This a constitutional article stating the courts in one state must abide by orders issued by courts in another state. This to prevent any confusion when one child goes to see another parent over state lines. It helps prevent a parent from facing arrest due to kidnapping because one state does not recognize the custody agreement.

Establishing jurisdiction

It is typically clear where jurisdiction should take place. However, one parent can file an appeal under certain circumstances. For instance, if one parent worries the other parent uses drugs and is unfit to see a child, then she could file a petition to move jurisdiction to another state to protect the child. No matter what, parents should seek the help of an experienced attorney who is familiar with these laws.

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