If you are concerned about the safety of your child while in the custody of the other parent, Colorado law allows for the filing of an emergency child custody petition to protect your child. This legal process could result in a change in custody in as little as 24 hours, but its application is reserved for the most severe cases. Before initiating action, consult with an experienced child custody lawyer who can review your circumstances and explain if your situation is appropriate for requesting emergency child custody.
What Is Emergency Child Custody?
In a typical child custody case, you have months to assemble evidence to advocate for your preferred child custody arrangement. You can gather evidence, conduct discovery, and assemble the strongest case possible. The court decides which parent should have custody, considering what is in the child’s best interests and evaluating several factors.
In emergency child custody cases, the matter is urgent because the child’s safety and well-being are in jeopardy. These cases ask the court to take quick action and issue an emergency custody order to protect a child in peril. C
Colorado’s parenting time statute states that courts must not restrict a parent’s parenting time rights unless that time would endanger the child’s physical health or significantly impair their emotional development. If the court has cause to suspect this could happen, it can issue an emergency restriction on the other parent’s parenting time and grant you a temporary emergency child custody order, which goes into effect immediately after the hearing. In most situations, this only affects physical custody, but there are times when the court can also restrict the other parent’s legal decision-making authority if it finds the child is in danger.
When Is an Emergency Child Custody Petition Appropriate?
A petition for emergency child custody is appropriate if you believe your child is in danger. While not exhaustive, the following situations may be valid grounds to take this severe action:
- The other parent is physically abusing your child.
- The other parent’s romantic partner is sexually abusing your child.
- The other parent is abusing drugs and is constantly unconscious or impaired while parenting.
- The other parent is drinking and driving with your child in the vehicle.
- The other parent has serious mental health issues that pose a risk to your child.
- The other parent is conducting criminal activity in the presence of the child.
- The other parent has threatened to kidnap your child.
- The other parent leaves your young child unsupervised for long periods.
If a court finds that an emergency petition has been filed on frivolous grounds, it can penalize the petitioning parent. Therefore, it is important to weigh this consideration carefully when determining whether a true emergency exists.
The Process of Obtaining an Emergency Child Custody Order
To obtain an emergency child custody order, you will need to do the following:
- File an emergency petition in the appropriate court
- Attend the emergency hearing, usually held within 24 to 48 hours of the petition
- Attend a full hearing within 14 days of the emergency hearing
You will have the burden of proof to show your child is in danger and remains in danger. An experienced lawyer can help compile evidence to meet this burden.
Contact Our Experienced Child Custody Attorneys for Assistance
The compassionate child custody lawyers at Stahly Mehrtens Miner LLC want to protect your child from danger. We have extensive experience and knowledge of Colorado family law and can represent you in these critical proceedings. Contact us today at (855) 963-4968 for a confidential consultation.