My sons mom is moving our court case from Arizona to Colorado. I'm not against this, but she did not include all of the relevant court orders. Do I need to respond or does it matter? Is the order no longer valid if it isn't moved with this foreign decree?
If she is trying to register an AZ in CO she would be required to provide the CO court with a certified copy of the entire record from the AZ court. If she doesn't provide that then the CO court won't hear her requests. You will have the opportunity to object to the registration if you want. By registering the order here she can get the CO court to enforce the court order or modify it under certain circumstances.
I am licensed in Minnesota, California and Colorado. I can only give legal advice regarding those states' laws.
Is she moving the entire case to CO or just the custody orders? If just the custody aspects, then under the UCCJEA she only needs to register the current custody order. If the whole case, she does need to transfer the entire file. Transferring a case does not void the orders and those orders would still be in full force and effect. I am presuming she is in Colorado and it looks like you are, too. If so, then it would be proper to transfer any orders here. If what she is transferring is incomplete you should raise the issue with the court. You might consider consulting with an attorney to review her documents and your specific concerns with what she is doing. More information is needed to fully assess your situation.
Any answer provided is for general information purposes only and should not be construed as creating an attorney-client relationship with Stephen J. Plog or Plog & Stein, P.C.
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