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.
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.
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. 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.
