(1) Except as otherwise provided in
section 14-13-204, a court of this state has jurisdiction to make an initial child-custody
determination only if:
(a) This state is the home state of the child on the date of the commencement of the
proceeding, or was the home state of the child within one hundred eighty-two days before the
commencement of the proceeding and the child is absent from this state but a parent or person
acting as a parent continues to live in this state;
(b) A court of another state does not have jurisdiction under a provision of law adopted
by that state that is in substantial conformity with paragraph (a) of this subsection (1), or a court
of the home state of the child has declined to exercise jurisdiction on the ground that this state is
the more appropriate forum under a provision of law adopted by that state that is in substantial
conformity with section 14-13-207 or 14-13-208, and:
(I) The child and the child's parents, or the child and at least one parent or a person
acting as a parent, have a significant connection with this state other than mere physical
presence; and
(II) Substantial evidence is available in this state concerning the child's care, protection,
training, and personal relationships;
(c) All courts having jurisdiction under a provision of law adopted by that state that is in
substantial conformity with paragraph (a) or (b) of this subsection (1) have declined to exercise
jurisdiction on the ground that a court of this state is the more appropriate forum to determine the
custody of the child under a provision of law adopted by that state that is in substantial
conformity with section 14-13-207 or 14-13-208; or
(d) No court of any other state would have jurisdiction under the criteria specified in a
provision of law adopted by that state that is in substantial conformity with paragraph (a), (b), or
(c) of this subsection (1).
(2) Subsection (1) of this section is the exclusive jurisdictional basis for making a child-
custody determination by a court of this state.
(3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
or sufficient to make a child-custody determination.
Source: L. 2000: Entire article R&RE, p. 1524, § 1, effective July 1. L. 2012: (1)(a)
amended, (SB 12-175), ch. 208, p. 834, § 36, effective July 1.
Editor's note: This section is similar to former § 14-13-104 as it existed prior to 2000.
Notes of Decisions
Cited in
39
cases (
18 in the last 5 years), 1998–2026 · leading case:
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
· cites it 35× “has made a child-custody determination and does not have [the] exclusive, continuing jurisdiction” that results from having made that determination pursuant to section 14-13-201(1), the court “may modify that determination only if it has jurisdiction to make an initial…”
in Int. of B.H, 2021 CO 39 (Colo. 2021).
· cites it 11× “and remand [the] case for the trial court to conduct a full analysis under Colorado’s UCCJEA, section 14-13-201.’” S.A.G., ¶ 45 (alteration in original) (quoting Madrone v.”
In the Interest of Madrone, 290 P.3d 478 (Colo. 2012).
· cites it 18× “§§ 14-18-101 to -408, C.R.S. (2012). Particularly relevant to this case, Colorado's UCCJEA provides standards to guide the court in its determination of whether or not to exercise jurisdiction over initial child custody determinations in section 14-13-201.”
In Re State Ex Rel. MC, 94 P.3d 1220 (Colo. Ct. App. 2004).
· cites it 3× “A court of this state that is exercising jurisdiction pursuant to sections 14-13-201 to XX-XX-XXX, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to…”
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020).
· cites it 2× “¶ 30 First, the Colorado court must have jurisdiction to make an initial custody determination under section 14-13-201(1)(a) or (b), C.R.S. 2019.”
People in re M.S, 2017 COA 60 (Colo. Ct. App. 2017).
· cites it 2× “¶ 16 First, the Colorado court must have jurisdiction to make an initial custody determination under section 14-13-201(1)(a) or (b), C.R.S. 2016.”
in Interest of S.A.G, 2020 COA 45 (Colo. Ct. App. 2020).
· cites it 23× “2019, which confers temporary 6 emergency jurisdiction, with section 14-13-201, C.R.S. 2019, which provides the exclusive jurisdictional basis for making an initial, non-emergency child-custody determination by a court in this state.”
In Re the Marriage of Pritchett, 80 P.3d 918 (Colo. Ct. App. 2003).
· cites it 3× “Section 14-13-201(3), C.R.S.2002. Subject matter jurisdiction concerns the authority of the court to decide the issues before it.”
in the Interest of G.C.M.M, 2020 COA 152 (Colo. Ct. App. 2020).
· cites it 8× “Absent emergency jurisdiction, a court of this state may make an initial child-custody determination only if it has jurisdiction to do so based on the grounds identified in section 14-13-201, C.R.S. 2019. Madrone, 7 ¶ 10; see also In re Parental Responsibilities Concerning B.”
in Interest of A.B-A, 2019 COA 125 (Colo. Ct. App. 2019).
· cites it 5× “See § 14-13-201 cmt. 2 (explaining that the UCCJEA eliminated “best interest” language used by its predecessor, the Uniform Child Custody Jurisdiction Act (UCCJA), because it “tended to create confusion between the jurisdictional issue and the substantive custody…”
In re B.C.B., 411 P.3d 926 (Colo. Ct. App. 2015).
· cites it 31× “§ 14-13-201(1)(c) ; or • No court of any other state would have jurisdiction under subsections 14-13-201(1)(a), (b), or (c), or any substantially similar provision.”
— Colo. Rev. Stat. § 14-13-201(1) — 13 cases
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“has made a child-custody determination and does not have [the] exclusive, continuing jurisdiction” that results from having made that determination pursuant to section 14-13-201(1), the court “may modify that determination only if it has jurisdiction to make an initial…”
in Int. of B.H, 2021 CO 39 (Colo. 2021).
“and remand [the] case for the trial court to conduct a full analysis under Colorado’s UCCJEA, section 14-13-201.’” S.A.G., ¶ 45 (alteration in original) (quoting Madrone v.”
In re B.C.B., 411 P.3d 926 (Colo. Ct. App. 2015).
“§ 14-13-201(1)(c) ; or • No court of any other state would have jurisdiction under subsections 14-13-201(1)(a), (b), or (c), or any substantially similar provision.”
— Colo. Rev. Stat. § 14-13-201(1)(a) — 23 cases
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“has made a child-custody determination and does not have [the] exclusive, continuing jurisdiction” that results from having made that determination pursuant to section 14-13-201(1), the court “may modify that determination only if it has jurisdiction to make an initial…”
in Int. of B.H, 2021 CO 39 (Colo. 2021).
“and remand [the] case for the trial court to conduct a full analysis under Colorado’s UCCJEA, section 14-13-201.’” S.A.G., ¶ 45 (alteration in original) (quoting Madrone v.”
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020).
“¶ 30 First, the Colorado court must have jurisdiction to make an initial custody determination under section 14-13-201(1)(a) or (b), C.R.S. 2019.”
People in re M.S, 2017 COA 60 (Colo. Ct. App. 2017).
“¶ 16 First, the Colorado court must have jurisdiction to make an initial custody determination under section 14-13-201(1)(a) or (b), C.R.S. 2016.”
In Re State Ex Rel. MC, 94 P.3d 1220 (Colo. Ct. App. 2004).
“A court of this state that is exercising jurisdiction pursuant to sections 14-13-201 to XX-XX-XXX, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to…”
— Colo. Rev. Stat. § 14-13-201(1)(b) — 10 cases
in Int. of B.H, 2021 CO 39 (Colo. 2021).
“and remand [the] case for the trial court to conduct a full analysis under Colorado’s UCCJEA, section 14-13-201.’” S.A.G., ¶ 45 (alteration in original) (quoting Madrone v.”
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“has made a child-custody determination and does not have [the] exclusive, continuing jurisdiction” that results from having made that determination pursuant to section 14-13-201(1), the court “may modify that determination only if it has jurisdiction to make an initial…”
In the Interest of Madrone, 290 P.3d 478 (Colo. 2012).
“§§ 14-18-101 to -408, C.R.S. (2012). Particularly relevant to this case, Colorado's UCCJEA provides standards to guide the court in its determination of whether or not to exercise jurisdiction over initial child custody determinations in section 14-13-201.”
In re B.C.B., 411 P.3d 926 (Colo. Ct. App. 2015).
“§ 14-13-201(1)(c) ; or • No court of any other state would have jurisdiction under subsections 14-13-201(1)(a), (b), or (c), or any substantially similar provision.”
In Re Ls, 226 P.3d 1227 (Colo. Ct. App. 2009).
— Colo. Rev. Stat. § 14-13-201(1)(b)(I) — 3 cases
in Interest of S.A.G, 2020 COA 45 (Colo. Ct. App. 2020).
“2019, which confers temporary 6 emergency jurisdiction, with section 14-13-201, C.R.S. 2019, which provides the exclusive jurisdictional basis for making an initial, non-emergency child-custody determination by a court in this state.”
in the Interest of G.C.M.M, 2020 COA 152 (Colo. Ct. App. 2020).
“Absent emergency jurisdiction, a court of this state may make an initial child-custody determination only if it has jurisdiction to do so based on the grounds identified in section 14-13-201, C.R.S. 2019. Madrone, 7 ¶ 10; see also In re Parental Responsibilities Concerning B.”
In re B.C.B., 411 P.3d 926 (Colo. Ct. App. 2015).
“§ 14-13-201(1)(c) ; or • No court of any other state would have jurisdiction under subsections 14-13-201(1)(a), (b), or (c), or any substantially similar provision.”
— Colo. Rev. Stat. § 14-13-201(1)(b)(II) — 1 case
In re B.C.B., 411 P.3d 926 (Colo. Ct. App. 2015).
“§ 14-13-201(1)(c) ; or • No court of any other state would have jurisdiction under subsections 14-13-201(1)(a), (b), or (c), or any substantially similar provision.”
— Colo. Rev. Stat. § 14-13-201(1)(c) — 5 cases
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“has made a child-custody determination and does not have [the] exclusive, continuing jurisdiction” that results from having made that determination pursuant to section 14-13-201(1), the court “may modify that determination only if it has jurisdiction to make an initial…”
In re B.C.B., 411 P.3d 926 (Colo. Ct. App. 2015).
“§ 14-13-201(1)(c) ; or • No court of any other state would have jurisdiction under subsections 14-13-201(1)(a), (b), or (c), or any substantially similar provision.”
— Colo. Rev. Stat. § 14-13-201(1)(d) — 5 cases
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“has made a child-custody determination and does not have [the] exclusive, continuing jurisdiction” that results from having made that determination pursuant to section 14-13-201(1), the court “may modify that determination only if it has jurisdiction to make an initial…”
In re B.C.B., 411 P.3d 926 (Colo. Ct. App. 2015).
“§ 14-13-201(1)(c) ; or • No court of any other state would have jurisdiction under subsections 14-13-201(1)(a), (b), or (c), or any substantially similar provision.”
in Interest of S.A.G, 2020 COA 45 (Colo. Ct. App. 2020).
“2019, which confers temporary 6 emergency jurisdiction, with section 14-13-201, C.R.S. 2019, which provides the exclusive jurisdictional basis for making an initial, non-emergency child-custody determination by a court in this state.”
— Colo. Rev. Stat. § 14-13-201(2) — 3 cases
in the Interest of G.C.M.M, 2020 COA 152 (Colo. Ct. App. 2020).
“Absent emergency jurisdiction, a court of this state may make an initial child-custody determination only if it has jurisdiction to do so based on the grounds identified in section 14-13-201, C.R.S. 2019. Madrone, 7 ¶ 10; see also In re Parental Responsibilities Concerning B.”
In re B.C.B., 411 P.3d 926 (Colo. Ct. App. 2015).
“§ 14-13-201(1)(c) ; or • No court of any other state would have jurisdiction under subsections 14-13-201(1)(a), (b), or (c), or any substantially similar provision.”
— Colo. Rev. Stat. § 14-13-201(3) — 2 cases
In Re the Marriage of Pritchett, 80 P.3d 918 (Colo. Ct. App. 2003).
“Section 14-13-201(3), C.R.S.2002. Subject matter jurisdiction concerns the authority of the court to decide the issues before it.”
— Colo. Rev. Stat. § 14-13-201(a) — 1 case
— Colo. Rev. Stat. § 14-13-201(b) — 4 cases
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“has made a child-custody determination and does not have [the] exclusive, continuing jurisdiction” that results from having made that determination pursuant to section 14-13-201(1), the court “may modify that determination only if it has jurisdiction to make an initial…”
— Colo. Rev. Stat. § 14-13-201(b)(I) — 1 case
— Colo. Rev. Stat. § 14-13-201(c) — 1 case
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“has made a child-custody determination and does not have [the] exclusive, continuing jurisdiction” that results from having made that determination pursuant to section 14-13-201(1), the court “may modify that determination only if it has jurisdiction to make an initial…”
— Colo. Rev. Stat. § 14-13-201(d) — 1 case
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“has made a child-custody determination and does not have [the] exclusive, continuing jurisdiction” that results from having made that determination pursuant to section 14-13-201(1), the court “may modify that determination only if it has jurisdiction to make an initial…”
— Colo. Rev. Stat. § 14-13-201(l)(a) — 2 cases
People, 94 P.3d 1216 (Colo. Ct. App. 2004).
— Colo. Rev. Stat. § 14-13-201(l)(b) — 1 case
— Colo. Rev. Stat. § 14-13-201(l)(c) — 1 case
— Colo. Rev. Stat. § 14-13-201(l)(d) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.