Q: When changing a venue for child custody, does the petioner have to have the respondent re-served?
Does a venue change have to occur or is just an option for a custody case for a child under 6
A:
In Colorado, a child custody case (known as an "allocation of parental responsibilities" case) is filed in the county in which the child resides or where the child is found. See Section 14-10-123, Colorado Revised Statutes (C.R.S.):
"(1) A proceeding concerning the allocation of parental responsibilities is commenced in the district court or as otherwise provided by law:
(a) By a parent:
(I) By filing a petition for dissolution or legal separation; or
(II) By filing a petition seeking the allocation of parental responsibilities with respect to a child in the county where the child is permanently resident or where the child is found..."
Has a change of venue been requested in your case? Was the petition for allocation of responsibilities NOT filed in the county where the child resides?
Generally speaking, a request to change venue (that is, to change which district court in the State of Colorado will hear the child custody case) must be filed with the court before you file a response to the petition.
You should consult with an experienced Colorado child custody attorney, explain the detailed facts of your case, and get his or her advice.
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