Child custody decisions are legally and emotionally complex, particularly when one parent suspects their child isn’t in a safe, nurturing environment while in the custody of the other parent. The Colorado court makes all decisions in the child’s best interests. Meeting this standard is especially crucial in child-custody determinations. Unfortunately, circumstances sometimes change after a parenting time plan has been established in a custody case.
When one parent believes that the other parent’s custody jeopardizes their child’s physical or emotional well-being, they have the right to seek prompt legal action to protect their child by filing a motion to restrict parenting time. A Denver child custody attorney can assist you through this urgent legal process. Call us at (303) 451-0300 for a free case evaluation today.
Under Colorado § 14-10-129, the law states the following:
“The court shall not restrict a parent’s parenting time rights unless it finds that the parenting time would endanger the child’s physical health or significantly impair the child’s emotional development.
Unlike a typical modification request, a motion to restrict parenting time is an emergency order when a child is in imminent danger. When the court approves a motion to restrict parenting time, it immediately prohibits the subject of the order from exercising their court-ordered parenting time except under third-party supervision. The order restricting parenting time remains in place for 14 days. The court must schedule a hearing within this 14-day period. At the hearing, both sides present evidence.
The Colorado court presumes that continued close contact with both parents is what’s in a child’s best interests unless the evidence presented shows otherwise. To approve one parent’s motion to restrict the other’s parenting time, the court requires substantial compelling evidence of one of the following hazards to the child:
A court only approves a motion to restrict parenting time in Colorado if the evidence demonstrates that the allegations are credible and the child is in imminent danger during the parent’s court-ordered custody time. During the 14 days before the hearing, the parents may prepare their cases for court or resolve the issue with an out-of-court agreement, such as one parent attending an addiction treatment program or removing the danger from the child’s environment.
If the court finds that one parent’s allegations against the other have no merit, they must pay the other parent’s attorney’s fee and court costs.
When your child’s physical safety or emotional well-being is at stake, it’s crucial to adhere to the court’s filing requirements and to provide substantial, compelling evidence supporting your case. A child custody attorney in Colorado will conduct an experienced investigation and careful evidence documentation to make a powerful case to the court for immediate action, and then represent your child’s best interests during the hearing within 14 days of the request.
