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Interstate child custody matters

Colorado has specific laws related to child custody matters in order to protect the welfare of children as they are involved in the system. The state encourages communication between the courts and will handle scheduling and matters of record without involving the parents. However, if the issue is relevant to the case, both parties have a right to be informed and be given the opportunity to present their side, along with any legal arguments in the case.

One issue that might arise in child custody cases relates to out-of-state testimony. The court has the option of using a deposition to obtain the testimony of witnesses, involved parties or even the child. The court has the right to determine how the testimony will be obtained - through the Internet, on the telephone, through an audiovisual system or through another type of electronic method. Colorado courts will include this testimony, no matter how it is transmitted, as a valid part of the court case. The court also will work with out-of-state courts to set up a deposition location.

The court will also cooperate with other courts to ensure that the records are properly preserved in family law cases. Colorado courts have the authority to request a hearing for evidence, order evaluations, order someone to provide evidence, order any party who physically has custody of the child to appear in court and send transcripts to other courts involved in the case. The involved parties might need to pay for travel, depending on the laws of the state.

Resolving child custody can be especially emotional and challenging when two states are involved. A family lawyer might be able to request testimony via the Internet or other electronic means to minimize travel expenses.

Source: lrcvaw.org, "Uniform Child-custody Jurisdiction and Enforcement Act", October 04, 2014

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