For any parent, the most difficult aspect of divorce is the time spent away from their child while the other parent has their court-appointed custody time. When you suspect that your ex-spouse is endangering your child’s safety, matters quickly escalate from difficult to impossible. No parent can or should allow their child’s other parent to compromise their safety.
Protecting your child’s physical and emotional well-being is your highest priority. Knowing what options are immediately available to you when an ex endangers your child is crucial. Contact our skilled child custody lawyer in Denver to discuss your legal options with a professional.
Signs that Your Child Is In Danger With Their Other Parent
Recognizing the signs that your child’s safety and well-being are at risk when they spend time with their other parent is the first crucial step toward removing them from danger. Common signs of an endangered child in a Colorado custody case include the following:
- Unexplained injuries or a sudden increase in the typical childhood injury level
- Changes in mood, such as anger, anxiety, depression, or emotional withdrawal, after spending time with the other parent
- Reluctance to talk about their time with the other parent
- Fear or anxiety over the parent’s new partner or romantic relationship
- Inappropriate knowledge of sexual matters beyond the norm for the child’s age
- A child consistently returning from the other parent’s custody with extreme hunger, sudden weight loss, poor hygiene, or weather-inappropriate clothing
As a parent, you know your child best, and you also have unique insight into your spouse’s parenting behaviors. When you suspect your ex-spouse endangers your child during their court-ordered custody, it’s urgent to take fast, appropriate legal action.
What Are Your Options When Your Child Is in Danger With an Ex?
First, it’s essential to take legal action rather than to disregard a court order for shared custody or visitation. Colorado’s family courts allow the following legal options:
- File a modification request for your child custody orders and present compelling proof in court, through photo/video evidence, medical records, and testimony from teachers and therapists
- File a motion for an emergency custody order if you believe your child is in immediate danger. This requires evidence that the child is in jeopardy for the court to take action.
An emergency child custody order is a temporary arrangement for custody pending a court-scheduled hearing, allowing both parties to present evidence and testimony in support of their case.
How Do the Courts Decide In Child Custody Cases Involving Child Endangerment?
Colorado courts make all decisions in the child’s best interest under C.R.S. § 14-10-124, which presumes that continued close contact with both parents is best. However, the best interests standard also states the following:
“When the court finds by a preponderance of the evidence that one of the parties has committed child abuse or neglect, domestic violence, … the court shall consider conditions on parenting time that ensure the safety of the child and of the abused party.”
Obtain Experienced Legal Counsel
When your child is in jeopardy while spending court-ordered parenting time with their other parent, it’s crucial to obtain legal representation for a prompt strategy to ensure your child’s safety.
Courts take child-custody modification requests and emergency custody orders very seriously, requiring substantial evidence and meticulous attention to procedural details. An experienced Denver family lawyer provides the best chances of a favorable decision to protect your child.