Understanding Colorado’s Family Court Emergency Hearings Process

When your child’s safety hangs in the balance, knowing how to navigate Colorado’s emergency court system becomes crucial. Emergency hearings in family court serve as a vital safeguard for protecting children from immediate danger, requiring swift action and proper documentation. Here’s what you need to know about the Colorado family court emergency process.

What to Do If Your Child Is in Imminent Danger

In order to protect your child from immediate risk from the other parent, get in touch with law enforcement and submit a police report. Then, with the assistance of a knowledgeable family law lawyer, think about submitting an urgent application for emergency child custody.

Refuse to leave the child alone with the other parent even if it’s their court-ordered custody or parenting time. 

During an emergency motion hearing in Colorado, you must establish evidence of child endangerment with a level-headed approach, despite the temptation to act hastily.

The court may, with good reason, grant you a temporary emergency custody order that will start right after the hearing, placing an emergency limitation on the other parent’s custody.

In Colorado, an emergency temporary custody order usually only pertains to physical custody, but in some cases, the court may also temporarily limit the other parent’s legal custody. Legal custody refers to the decision-making authority over significant legal issues, including medical and educational decisions.

What Qualifies as an Emergency?

Colorado courts consider specific situations that warrant emergency intervention. The primary requirement is the presence of imminent danger to the child’s physical or emotional well-being. This includes:

• Physical or sexual abuse: Documented evidence of harm or abuse to the child
• Severe neglect: Cases where basic needs like food, shelter, or medical care are denied
• Substance abuse: Situations where parental drug or alcohol use puts the child at risk
• Domestic violence: Exposure to violence or dangerous household conditions
• Mental health/mental incapacitation: A parent that is dangerous to their children due to severe mental health issues.

Claims of imminent harm to children are taken very seriously by the Colorado family court. It is never appropriate for a parent to request emergency custody on fictitious or baseless grounds, such as disliking a co-parent’s parenting style or their ex-spouse’s new romantic interest. The petitioning parent may be penalized for baseless motions and false claims. 

Filing Process and Timeline

Initial Filing: Motion to restrict or change parenting time

To get emergency custody, you have to file a motion with the court. But given how urgent and significant this issue is, it’s wise to seek the counsel of a knowledgeable attorney who has dealt with similar situations in the past.

The emergency custody process in Colorado follows a structured timeline. By law, a judge has two weeks to review the case. However, if the motion is filed with particularity and meets the criteria of “immediate danger,” the judge may grant a temporary order in 24 hours or so. A follow-up hearing will be scheduled afterward.

Hearing: Takes place within 14 days of filing

In Colorado, an emergency motion case is heard within 14 days of the filing. During the hearing, the judge will hear all of the evidence and decide on final custody and visitation. The final decision can uphold the existing custody order or impose new limitations on the other parent. The court may completely reject the motion if it is not stated with particularity.

If the court awards temporary custody, the other parent may only be permitted to see the child under the supervision of an impartial third party, potentially a qualified mental health professional. 

Post-Hearing Process: Potential temporary arrangements

• Temporary orders: Initial restrictions typically remain until the follow-up hearing.
• Supervised visitation: The restricted parent may only get supervised or monitored visitation in the meantime.
• Long-term planning: The moving party may develop and propose permanent custody arrangements.

Evidence Requirements

In Colorado, the petitioner must submit a motion to the court in their jurisdiction in order to get a temporary custody order. A skilled lawyer is best suited to handle a case of this urgency since they can ensure the motion is filed in the appropriate jurisdiction promptly and help expedite the hearing. Your lawyer will assist you in obtaining solid proof for your allegation, such as: 

• Medical records showing injuries or health concerns
• Police reports documenting incidents
• Communications with schools or daycare centers
• Photographic or video evidence
• Expert testimony from medical professionals or counselors.

Colorado courts maintain high standards for emergency interventions. Under Colorado Revised Statute section 14-10-129, restrictions on parenting time require proof that the child faces physical endangerment or significant emotional harm. The court must make specific factual findings to support any restrictions imposed.

Professional Legal Representation

Having experienced legal counsel significantly impacts the outcome of emergency hearings. A qualified attorney can:

• File properly: Ensure all documentation meets court requirements
• Present evidence: Organize and present compelling evidence effectively
• Navigate procedures: Guide clients through complex legal processes.

Frequently Asked Questions

How quickly can I get an emergency hearing in Colorado?

Emergency hearings typically occur within 14 days of filing the motion. The court recognizes the urgent nature of these situations and prioritizes cases involving child safety. Once filed, the initial restrictions can begin immediately, with a formal hearing scheduled promptly to review the evidence.

What happens if I refuse to give my child to the other parent?

If you violate a court-approved parenting time agreement for frivolous reasons, you could face a host of consequences. The other parent may file a Petition to Prevent Abduction Measures and Contempt of Court against you.

To best protect your rights while protecting your child, contact a Colorado family law attorney as soon as you can.

What are reasons that are considered ineligible for emergency custody filing?

These are examples of ineligible or frivolous reasons for filing for emergency custody: 

• You disapprove of the individuals with whom the other parent interacts.
• You disapprove of your co-parent’s – or their new partner’s – tattoos, body piercings, or appearance.
• During your parenting time, your co-parent utilized illegal substances at a concert.
• During their parenting time, the other parent declines to assist your child with their homework.

What happens if the other parent violates an emergency custody order?

Violations of emergency custody orders are taken seriously by Colorado courts. The protected parent should:

• Document all violations.
• Maintain all communication records.
• Contact law enforcement if necessary.
• Consult a family law attorney.
• File a contempt motion with the court.

To Discuss Your Specific Situation Regarding Emergency Custody Matters, Contact Goldman Law

We understand that facing an emergency custody situation can be overwhelming. At Goldman Law, we bring over 25 years of combined experience in Colorado family law to help protect your children’s well-being and your parental rights. We pride ourselves on providing personalized attention, honest guidance, and aggressive representation when it matters most.

Don’t wait until it’s too late. Contact our Denver family law attorneys today at (303) 656-9529 to schedule your initial consultation and let us help you navigate the emergency hearing process with confidence.