Every parent’s top priority is their child’s safety and well-being. But what happens when a child is in immediate danger and there’s no time to wait for the standard legal process? If you’re in a situation where you need to protect your child urgently, applying for an emergency custody order in Colorado may be the solution—but how do you get started?
What Is an Emergency Custody Order?
An emergency custody order allows for immediate custody of a child when their safety is at risk. This temporary legal measure is meant to protect the child until a hearing can be held to determine long-term custody arrangements. It’s not something taken lightly, as the courts prioritize the child’s welfare and proper legal procedures to ensure fairness.
When Should You Apply for Emergency Custody?
The court considers emergency custody cases only under specific circumstances. Do you believe your child is in danger? Emergency custody may apply in cases involving child abuse, neglect, abandonment, or if the child is exposed to a dangerous environment, such as living with a parent struggling with severe substance abuse.
Example Situations Requiring Immediate Action
- Evidence of physical abuse or emotional abuse
- A parent unlawfully removing the child from a safe environment
- The current caregiver poses significant harm to the child’s well-being
If you’re unsure whether your situation applies, consulting with a child custody attorney can help you understand your options.
What Proof Do You Need for Emergency Custody?
To convince a Colorado court to grant emergency custody, you’ll need solid evidence. Courts require documentation that supports your claim of immediate danger. This may include police reports, health records, witness affidavits, or messages clearly showing neglect or abuse. The more proof you can provide, the stronger your case.
Examples of Appropriate Evidence
- Reports from Child Protective Services (CPS)
- Photos documenting injuries or unsafe living conditions
- Statements from teachers, doctors, or neighbors who have witnessed concerning behavior
Gather this information before filing to increase the chances of a favorable outcome.
How to Request an Emergency Custody Order in Colorado
If you need to file for emergency custody in Colorado, follow these five steps to protect your child:
Step 1: Gather the Required Form
Start by downloading the correct forms from the Colorado Judicial Branch’s website. The key forms include:
JDF 1406 – Motion to Restrict Parenting Time: This asks the court to limit the other parent’s time with your child due to safety concerns.
Step 2: Fill Out the Forms
Carefully complete the forms, making sure to provide detailed reasons and examples that explain the urgency of your request. Highlight any safety risks or immediate threats to your child’s well-being.
Step 3: File the Forms with the Court
Submit your completed paperwork to the courthouse in the county where your child lives. Be prepared to pay a filing fee, though you can request a fee waiver if needed.
Step 4: Notify the Other Parent
In most cases, you’ll need to inform the other parent about your request. However, if doing so might put your child at greater risk, you can ask the court for an “ex parte” order, which allows the case to proceed without notifying them right away.
Step 5: Attend the Emergency Hearing
The court will usually schedule a hearing within 14 days after filing. Bring any evidence you have to support your case and be ready to explain why immediate changes to the parenting arrangement are in your child’s best interest.
Taking these steps can help ensure your child’s safety during urgent situations.
What Happens After an Emergency Custody Order Is Issued?
If the court grants your request, the emergency custody order will provide you with temporary legal custody of the child. However, this is a short-term solution. The next steps often involve additional hearings to establish a more permanent custody arrangement. Both parents will have the opportunity to present their case in these hearings.
How Long Does an Emergency Custody Order Last?
An emergency custody order is temporary and typically lasts until a formal custody hearing can be scheduled, which may take a few weeks. During this time, you may need to prepare for the long-term custody case by gathering more evidence and possibly working with your attorney to build a strong case for your child’s best interests.
Can You Modify or Contest an Emergency Custody Order?
If you’re on the receiving end of an emergency custody order and feel it was issued unfairly, you have the right to contest it. Similarly, if circumstances change or the initial emergency is resolved, the order can be reconsidered. File a motion with the court to request a modification or objection, and be ready to provide evidence to support your argument.
What to Do If the Court Denies Your Request
If your motion for emergency custody is denied, it’s essential to remain persistent. It may mean the court didn’t find enough immediate evidence of danger. Consult with your attorney to determine whether additional proof or new legal strategies could strengthen your case for a standard custody modification.
Why Work with The Drake Law Firm for Emergency Custody?
Dealing with a situation that requires emergency custody is overwhelming, but you don’t have to figure it out alone. At The Drake Law Firm, we are committed to assisting parents and guardians in ensuring their children’s safety and well-being. Our dedicated team of child custody lawyers will help you understand the process, gather evidence, and advocate for your family’s needs in court.
Contact us today to schedule a consultation and take the first step toward securing your child’s safety.