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Legal Information: Colorado

Custody

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Updated: 
October 13, 2023

What are the exceptions to the "home state" rule?

There are exceptions to the home state rule. In some cases, you can file for custody in a state where the children and at least one parent have significant connections. Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state have jurisdiction.1 This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this. For a list of legal resources, please see our CO Finding a Lawyer page.

Another exception to the home state rule exists in the case of filing for temporary emergency custody in a state in which a parent and child have recently arrived.2 See Can I get temporary allocation of parental responsibilities in Colorado? for more information.

1 C.R.S. § 14-13-201(b)
2 C.R.S. § 14-13-204(1)

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