Which state has jurisdiction? IAAL we could use your advice.

[bethdetroit]

Hello again, Michigan here.
Mom moved to Colorado with son without permission. We now have an order demanding the return of the child back to Michigan within 14 days. The mom will ignore the order and stay in CO.
So we are going to make a motion for a change of custody. Once we get the order we are going to go to CO and enter the order there and have it enforced.
The only problem is the mom and child have been there for about 9 months now so they have established a legal residence.
According to CO laws, with them having residence there that gives CO the right to change the order or to do basicly whatever they see fit. Below is exactly what the CO law states...
In Co law it states that they have the right to modify a custody order made by another state if Co is the “home state”.
HOME STATE according to CO is…(7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding.
So I am wondering what is considdered to be the commencement of a child-custody proceeding?
Is it the date when the mom filed for support here in MI and also asked for sole custody? Or is it considdered to be the date when we would file for custody?
Also The referee for our case said that if the mom motioned the court of Michigan to transfer the case to Colorado court, that MI would not do it, because as far as they see it the child belongs in MI. So will that prevent CO from changing the order if they find that CO is the "home state" of the child and mother?
The mom is also in CO without permission so would that most likely prompt the CO court to just go along with the MI order?
Hope this isnt too confusing and I hope someone can answer this. Thanks in advance, Beth.

 

[I AM ALWAYS LIABLE]

My response:

Michigan will always have jurisdiction of your child under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), unless there is some compelling reason (unlikely) that Michigan waives or transfers its rights to control jurisdiction. In other words, no matter how long your child has lived in Colorado, Colorado cannot obtain jurisdiction over your child.

Momma Bear really blew it by taking the child out of the State without Notice and permission from the court.

Colorado will, in fact, enforce the Michigan court orders. Momma Bear will be hauled back to Michigan. Notwithstanding any skeletons in your closet, Momma Bear's custodial rights will be terminated and the best she'll be able to hope for is supervised visitation because she's now known as a "flight risk."

Good luck, and get that order enforced.

IAAL

 

[bethdetroit]

Thanks for the answer. It was just what I wanted to here and the skeletons in the closet part was a cute touch.
Thanks a lot, Beth