Various emergencies can arise in a Colorado family case. In many cases, emergencies will relate to custody. In instances where “imminent danger” is present, Colorado state law authorizes the filing of an emergency motion. “Imminent” means something that has happened recently rather than years ago; the threat to the child must be current.
If you think the other parent is endangering the child(ren), you can, under Colorado law, file an Emergency Motion to Restrict Parenting Time. This motion can be filed in pre-decree cases (before final orders are entered), or post-decree (after final orders are entered). If you are considering filing such a serious motion or if you have had one filed against you, consult with an experienced Colorado family law attorney immediately. The experienced family law attorneys at Halligan LLC can help you navigate the complex system of law involved with child endangerment.
When the court grants the emergency motion, visitation for the accused parent must be supervised until there is a hearing. After the filing of a motion to restrict, there must be a contested court hearing within 14 days, as required by state law. During the hearing, the court will decide whether to restrict the parenting time for longer, put fewer restrictions on the accused parent’s parenting time, or deny the motion.
Having a skilled and knowledgeable attorney is critical. An experienced lawyer will be able to thoroughly review the case and help protect your rights and the rights of your children.
Colorado courts can issue emergency orders that help prevent certain types of harm. At Halligan LLC, we have the capacity to act promptly by filing emergency motions and appearing before the court. Common situations include:
- Substance abuse that puts the child in danger
- Mistreatment or physical abuse
- Sexual abuse
- Domestic violence
- Acute mental illness
- Parent abandonment
- Medical neglect that puts the child in danger
Again, emergency orders are temporary, and will usually remain in place until the scheduled hearing.
What Does Emergency Parenting Time Entail?
Emergency parenting time is a temporary modification of the existing parenting plan. In some instances, all parenting time with the other parent is automatically suspended. In most instances, parenting time may only be allowed under supervised conditions.
This temporary modification is typically only good for a short period of time. Within a few weeks, the other parent will get their opportunity in court. Then, the court will review the evidence and decide whether to continue with the limited parenting time or dismiss the emergency motion.
It’s important to contact an experienced Denver family law attorney at Halligan LLC if you want to modify your parenting time schedule. Our legal team is prepared to help you with your child endangerment case. When your child’s safety is on the line, you cannot afford to take any chances.
Contact Us Today
At Halligan LLC, we understand that issues such as spousal support and child custody are among the most stressful aspects of your divorce. With our skilled legal assistance, you and your family can transition to a more peaceful future. We regularly handle emergency orders in Denver family law cases, and we are ready to help you.
For help with your case, contact Halligan LLC today at (720) 608-2361 to schedule a consultation with one of our skilled and compassionate Denver family law attorneys.