CO I have DVTemporary Restraining Order on husband from CA.Is there a statute in CO preventing him from child custody with a TRO

Asked over 1 year ago - Gypsum, CO

Messy jurisdiction divorce/child custody w/CA filing and serving first to husband in CO.After receiving he went down filed second case in CO against UCCJEA,did not serve,but has a friend claimed served me,then asked CO courts to grant jurisdiction since claim not respond.Now CA&CO cases and have asked to dismiss in CO but judge knows him as police and says he has jurisdiction.Tried to Motion stay to talk w CA, judge refused and never has stayed as required 14-13-206 and 14-13-201. He is still trying for CO final hearing 1/11 & I have a CA DV TRO and want to know if there is any statute in CO I can use to make sure if this is not dismissed he has no custody since abused kids,hasn't seen in 15 months,have child services and police called to DV before,but judge in CO will give him100% custody

Attorney answers (3)

  1. Christopher Daniel Leroi

    Contributor Level 20

    7

    Lawyers agree

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    Answered . Wow. You have one of the biggest jurisdictional messes on your hand that I have seen in 21 years. This is extremely complicated. The short answer is that there is no CO statute or case law that is determinative of this issue and a magic bullet to your problems. Your best recourse is to get legal counsel here in CO as well as CA in order to effectively represent you and resolve this mess. Good luck.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  2. Stephen Clark Harkess

    Contributor Level 20

    7

    Lawyers agree

    1

    Answered . The temporary restraining order does not resolve the issue of child custody. There is no statute that bars a father from seeking custody of a child due to the issuance of a TRO. You need a good attorney to explain to the Cout the reasons that granting parenting time to the fatehr would not be in the child's best interest.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  3. Alexandra Michele White

    Contributor Level 7

    3

    Lawyers agree

    1

    Answered . I am not a California attorney so I can't answer your question with respect to the CA DV TRO. The issue is going to come down to which state has home state jurisdiction. In Colorado, that is typically defined as wherever the children have resided for the past six months. Where there is a challenge to jurisdiction, the judges in the two states typically have a telephone conference (which under Colorado law you are entitled to attend). Whether or not the Colorado Court recognizes or enforces the CA DV TRO is hard to predict. In Colorado, even a Permanent Protection Order naming children is only effective (as to the children) for 120 days. The Court will want to see a copy of the TRO and find out when the hearing is to make that TRO permanent is scheduled. The other contributors are correct; there is no silver bullet statute that will help you convince the Court to uphold the CA TRO. My experience with this particular type of circumstance, however, is that the judge continued the hearing until the out-of-state TRO was resolved. However, that was just one judge and you can't predict the outcome based on that one judge's decision. You have a complicated jurisdictional matter and I highly recommend that you obtain counsel to represent you.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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