In a Colorado divorce, child custody is often an urgent concern for families and parents. From seeking visitation rights to parenting time modifications, there can be a lot to worry about in child custody cases. In the event of child endangerment, parents may be eligible to file an emergency motion to restrict parenting time in family court, resulting in the automatic restriction of parenting time for the offending parent.
With over 40 years of experience representing clients in various family law matters, our seasoned advocates have a deep understanding of the legal nuances involved in Colorado family law. Whether you’re preparing for an emergency child custody hearing or defending yourself against false allegations, our family law firm is here to provide the sound counsel you need during this difficult time, guiding your steps with wisdom and clarity.
Parenting time can be a complex hurdle to navigate in child custody disputes. Contact us online to discuss your case with a skilled Denver lawyer.
What Is a Motion to Restrict Parenting Time in Colorado?
In Colorado, a motion to restrict parenting time prevents unsupervised parenting time with the child for up to 14 days (C.R.S. §14-10-129(4)). These motions are only filed in emergencies where the child's physical or emotional safety is threatened. For the motion to be granted, the petitioning parent must show that the child is in imminent physical or emotional danger.
If you’re involved in an emergency child custody dispute, seeking experienced representation is imperative to achieving a favorable outcome. At The Law Office of Stephan E. Uslan, our knowledgeable attorneys have extensive knowledge of family law and child custody matters to protect your family and advocate effectively on your behalf.
What Warrants Parenting Time Restrictions?
Family courts can consider various factors when determining whether to grant a motion to restrict parenting time. In any divorce or family matter involving the custody of children, including emergency motions to restrict parenting time, the courts will generally permit parenting time with both parents unless it would “endanger the child’s health or emotional development.”
If you’re the petitioning parent, it’s crucial to fortify your claims with sufficient evidence to show that visitation time with the offending parent endangers your child. Keep in mind that general claims aren’t enough to justify emergency restrictions. It’s important to speak with specificity and accuracy, as well as present substantial evidence that reflects the other parent’s abuse or neglect.
Remember, “imminent danger” entails immediate harm. You must show that the child will suffer harm if immediate emergency action is not taken. Working with a trusted parenting time lawyer is essential to evaluate the grounds for the emergency motion and avoid undesired legal consequences in court (such as perjury or contempt). Common examples of dangerous parental behavior include:
- Neglect
- Alcohol abuse
- Domestic violence
- Illegal or irresponsible use of drugs
- Abandoning the child or leaving them unsupervised
- Failure to properly store firearms or weapons
- Physical, emotional, or sexual abuse
What to Expect After Filing a Motion
After you submit your petition, the court will review it to determine whether the evidence is sufficient to grant the motion. If the court grants the motion, an emergency hearing will be scheduled within 14 days.
The other parent will be prohibited from visitation with the child unless supervised by a neutral third party. If the hearing is not scheduled within this time period, the supervised visitation will be terminated.
What Happens at the Emergency Hearing?
At the hearing, each side will have an opportunity to present their case. Typically, both parties will testify, as well as any witnesses present, such as therapists, law enforcement officials, physicians, or relatives of the child. It’s crucial to consult a trusted Denver attorney to prepare for the hearing, as they can evaluate your unique circumstances and advise your legal steps accordingly based on the evidence presented.
What if My Co-Parent Files a Baseless Motion Against Me?
Motions to restrict parenting time are extreme measures to be taken in emergencies only, and the primary goal is always to protect the child’s safety and well-being. Sadly, it isn’t unheard of for parents to make false accusations against their co-parent for the purpose of vengeance or spite.
If your partner attempts to weaponize restricted parenting time for dishonest reasons, securing experienced representation is vital to protect your custodial rights. Our firm can collaborate closely with you to defend against baseless claims and set the record straight, working tirelessly to establish your innocence and hold the offending co-parent accountable for their actions.
Compassionate Counsel for Denver Parents
At The Law Office of Stephan E. Uslan, our highly lawyers have decades of family law experience to prioritize the best interests of you and your child. For over 40 years, we’ve handled a wide array of family law cases in Denver and beyond. From child support to complex property division, our team has a comprehensive knowledge of Colorado law to provide reliable representation and support throughout your case.
Child custody disputes can be complex and emotionally draining. We can provide the sound counsel you deserve. Call (303) 900-5346 to schedule a consultation.
