Colorado

Family Law

Family Law

Section 14-13-203 – Jurisdiction to modify determination

(1) Except as otherwise provided in section 14-13-204, a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section 14-13-201(1)(a) or 14-13-201(1)(b) and:

(a) The court of the other state determines it no longer has exclusive, continuing jurisdiction under a provision of law adopted by that state that is in substantial conformity with section 14-13-202 or that a court of this state would be a more convenient forum under a provision of law adopted by that state that is in substantial conformity with section 14-13-207; or
(b) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.

C.R.S. § 14-13-203

L. 2000: Entire article R&RE, p. 1525, § 1, effective July 1.

This section is similar to former § 14-13-115 as it existed prior to 2000.

OFFICIAL COMMENT

This section complements Section 14-13-202 and is addressed to the court that is confronted with a proceeding to modify a custody determination of another State. It prohibits a court from modifying a custody determination made consistently with this Act by a court in another State unless a court of that State determines that it no longer has exclusive, continuing jurisdiction under Section 14-13-202 or that this State would be a more convenient forum under Section 14-13-207. The modification State is not authorized to determine that the original decree State has lost its jurisdiction. The only exception is when the child, the child’s parents, and any person acting as a parent do not presently reside in the other State. In other words, a court of the modification State can determine that all parties have moved away from the original State. The court of the modification State must have jurisdiction under the standards of Section 14-13-201.