Colorado Springs, CO asked in Child Custody, Divorce and Family Law for Colorado

Q: My ex-husband and I both moved to other states after our divorce. We both want to alter the custody part of the divorce.

how do we go about changing the custody agreement? the state we moved from is too far away to fly out just to alter one part of the divorce. I live in Colorado now and he and the children are in New Mexico.

2 Lawyer Answers
Sabra M. Janko
Sabra M. Janko
PREMIUM
Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: The state that issued the order no longer has jurisdiction since you both and the children have left. If the children live in New Mexico, that is the state that now has jurisdiction.

Cindy Perusse
Cindy Perusse
PREMIUM
Answered
  • Divorce Lawyer
  • Denver, CO
  • Licensed in Colorado

A: The state that issued the original order unless and until you request another tribunal (court) to take jurisdiction for one reason or another under a statute called the UCCJEA. But, as Ms. Janko said, if neither party or the children reside in the original state any longer then that is a basis to ask the new court to take jurisdiction. You would need to register the order in the new state in order to modify it in the new state. The two of you can agree to a new schedule and you can have that agreement approved by the court where the kids live.

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