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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2323
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I do have residence in Colorado however we both been in Idaho

Customer Question

I do have residence in Colorado however we both been in Idaho for three months and tequnicly when I talked to other atturney story said that Idaho does not have jurisdiction over my son because he was born and lived in Colorado for more then 6 months
JA: The Family Lawyer will need to help you with this. Anything else I can tell the Family Lawyer before I connect you two?
Customer: So we lived in Colorado Springs for 2 years had a baby he lived there for 8 months of his life then my husband got out of the military we went to his home state Idaho and then he waited exactly 3 months to file for divorce. My question is can I have this case dismissed go to Colorado and start a new case because in Colorado I have a job still all of my banks are through Colorado I have a place to live just didn't have to pay anything and the landlord wrote a statement that the boys and I are able to stay there also my mail Gos to that address and that we agreed upon those terms before we left Colorado because my husband had me kicked out before with all of my kids I have daycare in Colorado and my car registration is still through Colorado. So how probable that they will dismiss this case and let me reopen one in Colorado
JA: The mechanics have tons of experience in that area. Do you happen to have the code?
Customer: Not that I know of
JA: Not a problem. You can work with the Family Lawyer to figure that out. OK. The Family Lawyer will need to help you with this. I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and connect you two.
Submitted: 6 months ago.
Category: Family Law
Expert:  Steven K. replied 6 months ago.
Once you all left Colorado, Colorado lost exclusive jurisdiction over your son. However, Idaho does not gain exclusive jurisdiction until your son has been in Idaho for six months. So, at this point, you would need to file a case in Colorado and argue that the Colorado custody case should proceed, not the Idaho case. Both states' judges would have to confer and decide which state should claim jurisdiction over your child. It would increase your chances of getting the judges to agree to Colorado if your son was actually in Colorado. However, you cannot just pick up and take him to Colorado, if doing so would be a violation of any Idaho court order. There is also a risk, that even if you are not violating an order, the Court in Idaho could order you to return your child to Idaho. Therefore, it would be ideal to hire an attorney in each state, and to file for custody in Colorado and ask for a determination of jurisdiction IMMEDIATELY upon returning to Colorado. Do you have any other questions?
Customer: replied 6 months ago.
Yes even though we've been living in Idaho for three months I still have a place to live in Colorado my car is registered in Colorado my bank is through Colorado I have a job in Colorado my mail Gos to a Colorado address so even though physically I haven't lived there for three months I still have residence of both states tequnicly soeaking
Customer: replied 6 months ago.
Expert:  Steven K. replied 6 months ago.
The issues the Court will look at is where the information is about the children. Clearly, most of the information is in Colorado, but at this point, as long as they remain in Idaho, more and more information (and current information) will be in Idaho.

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