If you have good cause to believe that your child is in imminent physical or emotional danger because of the actions of the other parent, you can seek an emergency motion to restriction parenting time to protect your child. As these situations are often complex and can have long-lasting effects, it is important to work with a qualified fathers rights lawyer such as Samera Habib to ensure your child is protected. A strong and compassionate attorney, Samera will take swift action to fight for your child's best interest. She can help guide you through each step of the process to ensure you make informed decisions regarding yours and your child's welfare. If you believe your child is in danger, contact our Denver, Colorado law firm as soon as possible so we can begin working on your case.
What Are Emergency Restrictions?
Emergency restrictions are temporary orders that can preserve a child's physical and emotional wellbeing. These restrictions are effective immediately. In most cases, the court can review a motion within one day of filing to ensure the child's safety. If a parent's rights are restricted, the court must hold a hearing within fourteen days to determine the merit of the claims. During this time, the court can resolve the custody matter, determining whether or not to limit parenting rights. If you believe that your child is in imminent danger, you need to take immediate action. At S|H Law P.C., we are committed to advocating for your child's best interest. Samera and her team can carefully evaluate your circumstances and provide effective legal guidance.
Emergency restrictions are temporary orders that can preserve a child's wellbeing.
Imminent Endangerment vs. Long-Term Neglect or Abuse
In order to file a motion for an emergency restriction, you must demonstrate that the child is in imminent danger. This means that any evidence used to bolster the accusations against another parent must be from recent exchanges. While long-term abuse should also be aggressively handled by a legal team, these cases require a different approach to ensure that the court does not sanction you for the allegations. Before filing an emergency motion to restrict parenting time in Colorado, Samera and her team can examine the facts of your case and inform you of your legal options.
When is an Emergency Motion to Restrict Appropriate?
There are a number of circumstances that may warrant an emergency motion to restrict in Colorado, including:
- Recent or ongoing substance abuse
- Parental abandonment or neglect
- Physical or verbal abuse
- Abuse by others in that parent's home
- Parental kidnapping, or threatening to do so
If the other parent has threatened to or has physically harmed your child or has failed to protect your child, we can help you file a motion to restrict parenting time. You can also seek emergency restrictions if the parent has threatened to take the child out of state or you suspect he or she may do so.
After an emergency motion to restrict parenting time is granted, the court must hold a hearing within fourteen days. At this time, the court will determine if modifications to child custody arrangements are necessary. These changes will serve to protect the child from any future danger. Modifications might include:
- Loss of legal and/or physical custody
- Reduced visitation time
- Required supervision during visits
Before modifying a child custody arrangement, the court will consider a variety of factors, including whether the parent threatened to or actually harmed the child physically or emotionally. Additionally, the court can examine any patterns or history of abuse to determine whether or not the child is safe with both parents.