H.  Concurrent Jurisdiction with Domestic Relations Cases

C.R.S. § 14-10-124
If no D&N case is pending, a district court has jurisdiction over allocation of parental responsibilities (APR); this includes “parenting time” (visitation) and “decision-making responsibilities” (custody). 

C.R.S. § 19-1-104
Where any juvenile case is in progress, the juvenile court has exclusive jurisdiction over custody matters.  This jurisdiction remains exclusive until the case ends.

C.R.S. § 19-1-104(6)
C.R.S. § 14-10-123(1)(d)
If no district court case is pending and the juvenile court has jurisdiction over a child, the juvenile court may allocate parental responsibilities, parenting time and support.  A party to the D&N case must first petition the district court. A certified copy of the juvenile court’s order must be filed in district court as the permanent order. The district court must treat the order like a decree of its own.

C.R.S. § 19-1-104(4)(a)
If the district court has a pending case while the juvenile court has jurisdiction, it must certify the issue of custody to the juvenile court. The juvenile court’s order then becomes the permanent order of the district court.

C.R.S. § 19-1-104(5)
If the district court has continuing jurisdiction because of an existing custody order, the juvenile court may take jurisdiction if the child is neglected or dependent. It may also permanently modify the district court’s order.

C.R.S. § 19-1-104(4)
The district court may retain jurisdiction over some matters.  These include:
  • Appointing the child a guardian;
  • Determining custody on a writ of habeas corpus;
  • Determining custody if it is incidental to the district court case.

In any case, the district court may request the juvenile court’s recommendations on guardianship or legal custody.

C.R.J.P. 4.4; People in Interest of E.H., 837 P.2d 284 (Colo. App. 1982)
Any D&N party aware of another custody proceeding must notify the district court and the juvenile court. This party must request the district court to certify the custody issue to juvenile court. A copy of the certification order must be filed in the D&N case.  A copy of the juvenile court’s custody order must be filed with the other court and becomes the order of that court. Failure to comply with the technical aspects of certification does not deprive the juvenile court of its jurisdiction.