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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9392
Experience:  since 1983
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can you file a petition in your home state after

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My 1 month old son lived with my girlfriend and I in my home for 34 days. My girlfriend left with my son to another state, (supposedly) according to the petiton I was served with she changed her address to her mothers and filed a petition for sole custody claiming she has been a resident of Wyoming for 28 days. Can I contest the residence or jurisdiction of the petition?
If you were not married the mother probably has the power to control the venue of the case. This is not specific legal advice relevant to Colorado and Wyoming, but it is general legal information If you were served with a petition from a Court in Wyoming that would indicate that the Wyoming Court has asserted jurisdiction over this already.

Most if not all States have adopted the Uniform Child Custody Jurisdiction and Enforcement Act. Here is the Wyoming version:

And here is the Colorado version:

This page has more information:

If you want specific advice you will have to contact an attorney in Colorado to ask if it worth trying to fight over moving jurisdiction to Colorado. Otherwise you should probably find an attorney in Wyoming.

It is possible to spend a lot of $$ contesting jurisdiction and still not be able to move the case out of Wyoming. I think it would be difficult, so if I were you I'd look for a lawyer in Wyoming in whatever town the petition was filed in.

I hope the above information is helpful.

By the way, I tell everyone in this situation that you and your ex will have to deal with each other at some level until that kid is 18, so please try to be civil with each other. It is always better for people to resolve these disputes by agreement instead of having a Judge make the decisions.

Good luck.
N Cal Attorney and 2 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
Very thorough and helpful thank you
Thank you very much for accepting my answer.
Customer: replied 9 years ago.
Reply to N Cal Attorney's Post: You're welcome