When parents divorce, each parent faces time away from their children according to their custody agreement or the judge’s decision issued in binding child custody orders by the Colorado court. In most cases, a parent entrusts their child to another loving parent, but what if the other parent places the child in a dangerous position?
Or what if your child’s other parent accuses you of endangering your child while you have custody? Understanding child endangerment in Colorado and your rights and obligations as a parent is critical under allegations of child endangerment. Call us for a free case evaluation today.
Colorado Rev. Stat. § 18-6-401,defines the law’s interpretation of child abuse. Child endangerment is a category of child abuse under the following description found in the statute:
“(A person) permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health…”
Under Colorado Law, the courts consider parental child endangerment as a situation in which the following occurs:
Additionally, the parent must have knowingly placed the child in a dangerous situation in order to meet the definition of child endangerment.
The use of the word “unreasonably” in the law grants exceptions for parents who unintentionally expose their child to harm, for instance, if another driver causes a car accident or if a trusted caregiver abuses the child.
No one likes to think about danger to their child. Divorced parents feel especially helpless when the other parent has court-ordered custody time with the child, and they are separated from the child and unable to ensure their safety. Common examples of child endangerment in Colorado include the following:
The above actions differ from child abuse in that the parent does not intentionally or directly harm the child, but shows a careless disregard for the child’s safety.
Fortunately, Colorado’s child abuse law classifies the “unreasonable placement of a child in a situation that poses a threat of harm” as a type of child abuse. This allows a parent to initiate legal action to protect their child before any harm occurs. The petitioning parent must have substantial, compelling evidence to support their allegations. Colorado courts consider continued close contact with both parents to be in a child’s best interest. This is a rebuttable presumption, meaning one parent can provide the court with evidence and eyewitness testimony showing that it is not in the child’s best interest to be in the custody of the other parent, including in cases of child endangerment.
Sadly, a study by the American Society for the Positive Care of Children (SPCC) shows that of the 7.78 million reports of child mistreatment each year in the U.S., only 2.6 million receive aid through prevention or post-response services.
If a child has already suffered harm due to the other parent’s endangerment, the petitioning parent can prevent further harm by proving that the other parent’s actions or neglect placed the child in danger that resulted in their injury.
If you suspect that your child’s other parent has intentionally placed your child in a dangerous situation, you can file a request for emergency custody or a motion to restrict parental custody to prevent the other parent from exerting their right to their portion of parenting time for up to 14 days until the court schedules a hearing. The Colorado court will hear your request within 24-48 hours.
You must show proper cause for a judge to temporarily restrict the other parent’s access to the children. If a judge grants the emergency order, the order begins as soon as the hearing ends, typically giving you temporary full custody until a full hearing takes place.
During the full hearing, you must show compelling evidence of child endangerment which may include a police report showing criminal charges or the results of their investigation.
False charges of child endangerment place the person fraudulently or frivolously alleging the abuse or neglect in danger of losing custody and contempt of court charges.
Endangering a child is serious. If the court finds the evidence of child endangerment compelling, it may grant a permanent modification of the spouses’ existing custody orders. The court only restricts a parent’s custody in cases of abuse, neglect, domestic violence, child endangerment, or chronic addiction resulting in a parent’s unconsciousness or incapacity while caring for their child.
In these cases, the court may order supervised visitation or restrict the parent’s custody and visitation completely, depending on the circumstances of the endangerment.
Not only does child endangerment have consequences for child custody in family court, but it also comes with criminal penalties upon conviction. Penalties depend on the severity of the child endangerment and whether or not it constitutes a misdemeanor or felony. The penalty could be as minimal as a $50.00 fine, or as severe as prison time and up to $750,000 in fines. A conviction comes with a permanent record and significant impacts on the convicted parent’s life.
Whether you are a parent who fears that your child is in immediate danger due to child endangerment by the other parent, or your child’s other parent has falsely accused you of endangering your child, you need an attorney to represent you in fighting for your child’s best interests.
Call the Denver child custody attorneys at Ciancio Ciancio Brown, P.C. for experienced, results-oriented representation.
