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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30167
Experience:  Attorney with experience in family law.
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One question If the mother has soul custody in another

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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: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year 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.

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