Experience. Results. Compassion.

What is a motion to restrict parenting time?

On Behalf of | Oct 30, 2024 | Child Custody & Parenting Time

In Colorado, a motion to restrict parenting time is an emergency legal step. A parent might file this motion if they believe their child is in imminent physical or emotional danger during time spent with the other parent.

This is a serious action, meant for extraordinary situations such as abuse or neglect. It’s not a decision to make lightly, as it temporarily limits the other parent’s unsupervised access to the child for 14 days.

A court-approved third party or mental health professional must supervise any interaction during this time.

What are possible grounds for restricting parenting time?

In Colorado, parents typically file these motions amid concern about their child’s well-being and safety. Some common reasons include:

  • If a parent believes that the child is being abused or neglected during the other parent’s parenting time
  • Concerns that the other parent is abusing drugs or alcohol, especially around the child
  • Evidence or suspicion of domestic violence in the other parent’s home
  • If a parent has significant mental health issues that make them unable to care for the child safely
  • Repeated violations of existing custody or visitation orders
  • Any behavior or situation that poses a risk to the child’s physical, emotional or psychological well-being

These motions are serious and typically require substantial evidence to prove. The court’s primary concern is always the best interests of the child.

What happens immediately after a motion is filed?

The court usually acts quickly once a parent files a motion to restrict parenting time. The other parent’s time with the child immediately stops, except for supervised visits. This is an urgent measure, reflecting the serious nature of the allegations.

The court schedules a hearing within 14 days to review the motion. Judges aim to balance protecting the child with the other parent’s rights. This immediate action can drastically affect parental responsibility, as it temporarily alters custody arrangements.

What happens at the court hearing?

The hearing is relatively short, typically lasting between one and two hours. During this session, both parents have the opportunity to present their case.

The court will ask for evidence of the alleged danger to the child, and each parent can call witnesses. These might include police officers, therapists or other individuals with relevant information. The court’s decision hinges on the evidence presented and aims to determine whether the restriction should continue.

An experienced child custody attorney can be invaluable for safeguarding your parenting rights regardless of whether you or the other parent file an emergency petition. A skilled lawyer can help present your case effectively, aiming to protect your parental rights and prioritize your child’s best interests.

Categories

Archives