Colorado Emergency Custody Order
At Moran, Allen & Associates Family Law, we know firsthand the overwhelming anxiety and sense of powerlessness that can consume you when you fear for your child’s safety during their time with the other parent.
We’ve walked alongside numerous parents in your shoes, helping them take decisive action to safeguard their children through an emergency motion to restrict parenting time in Colorado. We’re here to guide you through this difficult process step by step, from understanding the criteria for filing and gathering necessary documentation to navigating the legal proceedings with confidence. You don’t have to face this alone. Together, we’ll work tirelessly to prioritize your child’s well-being and provide them with the secure environment they deserve.
Understanding Emergency Motions to Restrict Parenting Time
Emergency motions to restrict parenting time in Colorado protect children from imminent physical or emotional harm.
Filing such a motion can immediately suspend the other parent’s parenting time until a hearing is held.
Criteria for Filing
Filing an emergency motion to restrict parenting time is a serious step. You should only do this when a child is in imminent danger. Here are the key things you need to file such a motion in Colorado:
You must truly believe the child is in imminent physical or emotional danger. This danger must exist if parenting time or contact with the other parent continues without supervision.
You must support the motion with an affidavit. The affidavit must have specific, detailed facts about the imminent danger. Examples are physical abuse, sexual abuse, or drug abuse issues.
Your reasons for filing must be concrete and actionable. They can’t be based on hearsay or claims without proof.
You should provide real evidence whenever possible to support what you say. Don’t just rely on statements from the children involved.
You must file the motion under penalty of perjury. This means you swear that the information you provide is true to the best of your knowledge.
The court may order you to pay the other party’s attorney fees and costs. This happens if the court finds that you filed the motion for silly, baseless, or annoying reasons.
The goal of an emergency motion to restrict parenting time is to protect children from imminent harm. The goal is not to punish the other parent or gain an advantage in a custody dispute.
Immediate Effects After Filing
After filing an emergency motion to restrict parenting time, the court immediately suspends the other parent’s visitation rights.
This means they cannot see the child until the court reviews the allegations.
If the court finds the allegations credible, it will schedule a hearing within 14 days. During this period, the child stays with the filing party or a suitable third party. The court may allow supervised visitation if it is in the child’s best interests.
Legal Process and Procedures
The legal process for emergency motions to restrict parenting time involves specific documentation and procedures.
Courts in Colorado handle these cases with urgency, typically holding a hearing and making a decision within 14 days of filing the motion.
Required Documentation
To file an emergency motion to restrict parenting time in Colorado, you must give the court specific documents. Here are the key documents needed:
Verified Motion: This is a written statement that explains why you need the emergency motion and what you want the court to do. You must sign it under oath, saying that the information is true.
Affidavit: An affidavit is a sworn statement that gives facts supporting what you said in the verified motion. It should include specific events, dates, and details that show the child is in immediate danger.
Supporting Evidence: Collect any other evidence that backs up your claims, like police reports, medical records, photos, or witness statements. These documents can make your case stronger and help the court clearly see the situation.
Proposed Order: Include a proposed order that lists the specific restrictions you want, such as supervised parenting time or temporarily stopping parenting time. This clearly tells the court what you’re asking for.
Certificate of Compliance: You must certify that you’ve told the other parent about the emergency motion or that you’ve tried your best to do so. This makes sure the other parent knows about the case and can respond.
Proof of Service: If you were able to serve the other parent with the emergency motion, include proof to show they were notified about the case.
Keep in mind, the court will carefully look at all the documents you provide to decide if an emergency order is necessary. Working with a skilled Colorado family law attorney can help make sure your motion is prepared correctly and supported by enough evidence.
Hearing and Decision Timeline
The court will hold a hearing within 14 days of filing an emergency motion to restrict parenting time. At the hearing, both parties can present evidence and arguments.
Here’s what to expect:
The court will review the motion and supporting documents, like police reports or medical records. It will decide if the child is at immediate risk of physical or emotional harm.
Both parties can testify and call witnesses to support their case. This may include mental health experts, family, or others with relevant information.
If the court finds the child is in danger, it may grant the motion. This restricts the other parent’s time or contact with the child for up to 14 days.
Within those 14 days, the court will hold another hearing to make a final decision. Both parties can present more evidence and arguments at this hearing.
If the court decides the claims were very frivolous or groundless, the person who filed the motion may have to pay the other side’s lawyer fees and costs.
In the end, the court will decide based on the child’s best interests. It will consider all the evidence and the potential risk of harm to the child.
Defending Against an Unwarranted Motion
If you’ve been falsely accused and served with an emergency motion to restrict your parenting time, it’s crucial to act swiftly and strategically to protect your rights and relationship with your child.
We can help you gather evidence and build a strong defense. We will also present your case effectively in court to demonstrate that the allegations against you are groundless or frivolous.
Steps to Take if Falsely Accused
Here are some recommended steps:
Gather evidence: Collect any proof that disproves the allegations against you, like witness statements, photos, videos, or documents showing your proper care and involvement with your child.
Consult with an experienced family law attorney: Get legal advice from a knowledgeable attorney who specializes in family law in your state and has handled emergency motions to restrict parenting time. We can help guide you through the legal process and build a strong defense.
Attend the hearing: Go to the court hearing, usually scheduled within 14 days of the motion being filed. This is your chance to present your case and argue against the allegations.
Present your evidence: At the hearing, give the evidence you’ve gathered that disproves the claims in the motion. This may include testimony from witnesses, like family, friends, or professionals who have seen you interact with your child.
Show your commitment to your child’s well-being: Demonstrate to the court that your child’s physical and emotional well-being is your top priority by highlighting your involvement in their life, such as going to school events, doctor’s visits, and extracurricular activities.
Address any concerns raised: If the motion brings up valid concerns, like substance abuse or mental health issues, be ready to tackle these concerns directly. Show the court you are taking action to resolve these issues, such as going to therapy or substance abuse treatment.
Request a change to the temporary orders: If the court grants the emergency motion, ask for a change to the temporary orders as soon as possible. This may include requesting supervised parenting time or having a neutral third party monitor your interactions with your child.
Follow all court orders: Obey any court orders given during the emergency proceedings, even if you disagree with them. Not following court orders can damage your case and put your parental rights at risk in the long run.
Conclusion
We understand that emergency motions to restrict parenting time can be complex and emotionally charged. Our experienced family law attorneys at Moran, Allen & Associates Family Law are here to guide you through the process.
We will work diligently to protect your child’s well-being and ensure their safety. Contact us today for a consultation, and let us help you navigate this challenging situation with compassion and expertise.
FAQs
It’s a legal request filed by one parent to limit the other’s contact with their child due to concerns of physical or emotional injury, per CRS 14-10-129.
You must file a motion with the court, detailing the reasons for seeking restricted parenting time. The court may grant a temporary custody order if it finds the child is at risk.
While having a licensed mental health professional’s input helps, it’s not always required. The court will consider all the allegations and evidence presented.
The court will hold a hearing within 14 days to determine if unsupervised parenting time poses an imminent risk. They may appoint a supervising third party deemed suitable in the meantime.
Yes, if the court finds the motion substantially frivolous, groundless, or vexatious. Parents have a constitutional right to contact with their children, so restrictions must be justified.
You can file a motion to modify parenting time, which the court will consider based on Colorado law and the best interests of the child. Many forms are available to assist in this process
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