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

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

Posted

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 his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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Posted

had a CO attn limited represent and put motion to stay and judge said CO attn did not know what she was talking about w 14-13-201 and 206 cited. He is moving to a final hearing 1/11 regardless of everything and only pushed of final hearing since financials and custody info emailed 30 minutes before from him to me, and of course not accurate as well adding to more perjury for him, he even claims he is making payments on a car of ours he sold 8/18/12 and I have sold info and payoff check to loan which is clear perjury as well. I submitted CA custody order as a notice in CO on Monday but do not know if accepted since this judge has put an order in I can only submit my papers in person knowing I am in CA.. Will submit as notice CA case filed of 12 counts of Contempt which really means he is in contempt for the CO restraining Orders as well since he has sold, destroyed everything against court orders after both CA and CO filings with plenty of verifyable proof from sold cars, witnesses and pictures of dumped entire houses etc. I was to file a Notice of Perjury in CO since I have been trying to be nice to him since has health physical and mental issues of depression, wanting to blow brains out with gun and would like him to get help for himself and a future of a healthy relationship w children. If he has contempt and perjury charges in CO I believe once filed I cannot stop? So putting in as notice of CA case on contempt I can mediate before full hearing according to CA. He will loose his job as police, career, felony etc but he almost took the children for full custody and asked I pay 287 a month as a disabled person with no income and not seeing kids in over a year and 1 visit in 15 months he abused them w/police and child services case filed. All this in CO court and judge was about to give full custody to him! So now have restraining orders and custody in CA but cannot seem to end this CO case. Someone said to get an emergency writ from Supreme COurt for lacl of jurisdiction and wonder if that can end this in the day it is requested? I will try on last time with a faxed motion to dismiss tomorrow with all custody and contempt case notices already filed by then if excepted. But I think he will not decide and wait for 1/11 final hearing anyway and cannot wait any longer. I worked and put him through school covered our insurance, had a career, but am disabled at the moment and now at the mercy of him since on his insurance and have no support in 15 months. I have a CA attorney and have to date borrowed for those fees of 25,000 and borrowed for living expenses since I actually helped so many people when I was not disabled and they are returning the favor. But at this point there is no more to borrow, almost homeless, got food stamps in CA now, and no money for attorney though need to find a little for final push am assuming. All this is stopping my PT to get out of being disabled as well. What a mess! CA has a statute 3400 that restrained DV cannot have custody so thought CO might as well but you say no. Any pearls of other wisdom in this disaster?

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Posted

Forgot he had a final motions hearing dec 20 no notice but called court and found out and called in and had at this point several motions in to court as well as CO attorneys motion to stay reviewed at dec 20 which he said CO attn did not know what she was talking about. Judge told me I could not speak and I could only listen as "they" meaning his attn and the judge, decided ALL matters in final hearing. I kept saying I need to say something about final hearing and eventually let me say the financials were emailed 30 minutes before to say they served me financials and custody since his attorney got permission to email when I do not have regular internet service. Luckily I saw this and called in to final hearing of no notice. Told judge as was in all motions, no service, first filed UCCJEA 201 etc and Failure to Notify with their affidav showing they are mailing to a PO box in CO not my last address in CA they INCLUDED the CA Summons on their original CO complaint showing CA address. His attorney said you can sanction us since "I realized I did not file the financials or custody information so did it before the hearing" but she wanted to continue. It was by this fact alone, that the Judge continued the final hearing to 1/11.

Posted

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 licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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Posted

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.

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Thank you very much for clear direct answers. What is the actual law that states "under Colorado Law you are entitled to attend" the conference between the judges. This would be EXTREMELY valuable information so they can not try to railroad it through without me present

Alexandra Michele White

Alexandra Michele White

Posted

Sorry it took me so long to respond. I will look up the statute tomorrow and post it as I do not have my statutes handy.

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