The Colorado courts make all family court decisions in the child’s best interests. Sometimes, this requires prompt action when a parent or non-parent files a petition for emergency custody. A Colorado court typically responds to an emergency custody request within 48 hours of filing. A petitioner for emergency child custody must show the court evidence that the child is in imminent danger in their current situation unless the court intervenes. Speak to our Denver child custody attorney for a free consultation on your case today.
A parent may file an emergency child custody order if they have sufficient cause to believe that their child is in immediate danger with the other parent. If the court finds that the petitioning parent has proper cause, the judge issues an emergency restriction on the other parent’s access to physical custody of the child.
Less commonly, an emergency custody order could address legal custody rather than physical custody. Legal custody refers to a parent’s right to make important decisions for the child, such as medical, education, and religious decisions. If a parent’s decision-making for a child places them at immediate risk, a judge will carefully consider the request before making a decision on emergency legal custody.
When a judge grants an emergency custody order, they also set a date for a hearing. The temporary emergency order remains in effect until the outcome of the hearing.
A court will not grant an emergency child custody request unless the child is in imminent danger. Otherwise, a parent seeking a change in their existing child custody schedule must file for a modification request and await a hearing during which they show the court that there has been a significant change in circumstances that impacts child custody in their case.
Unlike a modification request, emergency orders take effect immediately when granted and remain in place until after the hearing. Valid reasons for requesting emergency custody include the following:
Less commonly, a grandparent or other relative petitions for emergency child custody if they have valid reasons to believe that a child’s current living situation with one or both parents places them at imminent risk of harm.
If your child is at immediate risk, it’s crucial to hire an attorney to assist in your request for emergency custody to ensure a well-executed petition and avoid delays due to paperwork or filing errors. Your attorney will assist you in documenting clear evidence supporting your request such as the following:
A Denver child custody attorney files a motion in the correct jurisdiction with important facts and evidence for the judge to consider, enabling the judge to make a well-informed decision.
When a child is at risk, it’s an urgent matter that cannot wait for a scheduled hearing. It’s critical to take immediate action. Call the child custody lawyers in Colorado at Ciancio Ciancio Brown, P.C., who can help you remove your children from a dangerous situation with the power of the court behind you.
