How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27261
Experience:  Attorney with experience in family law.
Type Your Family Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

One question If the mother has soul custody in another

Customer Question

one question
If the mother has soul custody in another county, such as Eagle county. Can I file for soul custody and serve her from Arapahoe County?
Submitted: 2 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

Unfortunately, no you can't. The county that issued the original custody order retains jurisdiction to modify that order. If you were to file in Arapahpoe County, she would file a Motion to Dismiss for lack of jurisdiction, the request would be granted, and you'd be out the filing fee and the costs of having her served with notice of the lawsuit.

What you can do is file a Motion for Modification in Eagle County. If you have reason to believe your child is in danger, you can file an Emergency Ex Parte Motion for Temporary Custody at the same time. You'd get an immediate hearing, where you go in and explain to the judge what you've seen/heard that leads you to believe the mother is on drugs. The judge can issue an immediate order to let you go pick up your child. The state has forms online that can be used to request a modification to a parenting plan.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Related Family Law Questions