C.R.S. Section 14-13-305
Registration of child-custody determination


(1)

A child-custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate district court in this state:

(a)

A letter or other document requesting registration;

(b)

Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

(c)

Except as otherwise provided in section 14-13-209, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody, allocated parental responsibilities, or granted visitation or parenting time in the child-custody determination sought to be registered.

(2)

On receipt of the documents required by subsection (1) of this section, the registering court shall:

(a)

Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and

(b)

Serve notice upon the persons named pursuant to paragraph (c) of subsection (1) of this section and provide them with an opportunity to contest the registration in accordance with this section.

(3)

The notice required by paragraph (b) of subsection (2) of this section must state that:

(a)

A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;

(b)

A hearing to contest the validity of the registered determination must be requested within twenty-one days after service of notice; and

(c)

Failure to contest the registration will result in confirmation of the child-custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

(4)

A person seeking to contest the validity of a registered order must request a hearing within twenty-one days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:

(a)

The issuing court did not have jurisdiction under a provision of law adopted by that state that is in substantial conformity with part 2 of this article;

(b)

The child-custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under part 2 of this article; or

(c)

The person contesting registration was entitled to notice, but notice was not given in accordance with standards substantially in conformity with the standards set forth in section 14-13-108, in the proceedings before the court that issued the order for which registration is sought.

(5)

If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.

(6)

Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

Source: Section 14-13-305 — Registration of child-custody determination, 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

§ 14-13-305’s source at colorado​.gov