C.R.S. Section 14-13-201
Initial child-custody jurisdiction

(1)

Except as otherwise provided in section 14-13-204, a court of this state has jurisdiction to make an initial child-custody determination only if:

(a)

This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within one hundred eighty-two days before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(b)

A court of another state does not have jurisdiction under a provision of law adopted by that state that is in substantial conformity with paragraph (a) of this subsection (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under a provision of law adopted by that state that is in substantial conformity with section 14-13-207 or 14-13-208, and:

(I)

The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

(II)

Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships;

(c)

All courts having jurisdiction under a provision of law adopted by that state that is in substantial conformity with paragraph (a) or (b) of this subsection (1) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under a provision of law adopted by that state that is in substantial conformity with section 14-13-207 or 14-13-208; or

(d)

No court of any other state would have jurisdiction under the criteria specified in a provision of law adopted by that state that is in substantial conformity with paragraph (a), (b), or (c) of this subsection (1).

(2)

Subsection (1) of this section is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.

(3)

Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.

Source: Section 14-13-201 — Initial child-custody jurisdiction, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑13‑101
Short title 14‑13‑102
Definitions 14‑13‑103
Proceedings governed by other law 14‑13‑104
International application of article 14‑13‑105
Effect of child-custody determination 14‑13‑106
Priority 14‑13‑108
Notice to persons outside state 14‑13‑109
Appearance and limited immunity 14‑13‑110
Communication between courts 14‑13‑111
Taking testimony in another state 14‑13‑112
Cooperation between courts - preservation of records 14‑13‑201
Initial child-custody jurisdiction 14‑13‑202
Exclusive, continuing jurisdiction 14‑13‑203
Jurisdiction to modify determination 14‑13‑204
Temporary emergency jurisdiction 14‑13‑205
Notice - opportunity to be heard - joinder 14‑13‑206
Simultaneous proceedings 14‑13‑207
Inconvenient forum 14‑13‑208
Jurisdiction declined by reason of conduct 14‑13‑209
Information to be submitted to court 14‑13‑210
Appearance of parties and child 14‑13‑301
Definitions 14‑13‑302
Enforcement under Hague Convention 14‑13‑303
Duty to enforce 14‑13‑304
Temporary visitation or parenting time 14‑13‑305
Registration of child-custody determination 14‑13‑306
Enforcement of registered determination 14‑13‑307
Simultaneous proceedings 14‑13‑308
Expedited enforcement of child-custody determination 14‑13‑309
Service of petition and order 14‑13‑310
Hearing and order 14‑13‑311
Warrant to take physical custody of child 14‑13‑312
Costs, fees, and expenses 14‑13‑313
Recognition and enforcement 14‑13‑314
Appeals 14‑13‑401
Application and construction 14‑13‑402
Severability clause 14‑13‑403
Transitional provision
Green check means up to date. Up to date

Current through Fall 2024

§ 14-13-201’s source at colorado​.gov