By: Sarah T. McCain
When you commence either a divorce case or a child custody case in Colorado, you will inevitably hear the word “jurisdiction.” Though this term is mentioned in more detail in other blog posts, in summary, the term is referring to personal and subject matter jurisdiction. To acquire personal jurisdiction in Colorado, there must be service in Colorado, the other party agrees to have their matter heard in Colorado, or long arm jurisdiction applies.
To acquire subject matter jurisdiction in a divorce, the court must find that one or both of the spouses has lived in the state for a period of 91 days prior to the case being filed. This is pursuant to C.R.S. 14-10-106 and 107. Jurisdiction for child custody cases in Colorado and most states (Massachusetts is excluded) is determined by the Uniform Child Custody Jurisdiction and Enforcement Act found in C.R.S. 14-13-101. This is most often referred to as the “UCCJEA.” For custody cases, only subject matter jurisdiction is necessary, which is acquired when a child resides in Colorado for 182 days, or more. The citizenship or immigration status of a party is generally not relevant to determining jurisdiction in either a divorce or a custody case. When dealing with international child custody issues and a child taken out of the U.S., both state and federal laws may be needed to get that child back. Continue reading