Denver, CO asked in Family Law and Juvenile Law for Colorado

Q: Can i file for emergency temporary custody in colorado if my 13 year old sons father has been keeping me from him for 4

years and in that time a 7 year old boy was shot by my son and that little boy almost lost his life. The gun that was used was my sons fathers that he found in the bedroom that he shared with his father and no adult was home at the time.

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2 Lawyer Answers

A: It sounds like you have a strong claim for an emergency custody modification based on concerns for the health/safety of the child. Your local courthouse will have resources to assist you, but I recommend that you contact a lawyer - modifications are rather technical hearings.

A: Depending on the circumstances of the case you may be able to do so. Realistically, an attorney would need more information to assess. Part of the analysis will depend on how long ago the shooting incident was. If is was recently a court may find an "emergency." If it was months or years ago chances are pretty good that police and/or social services has also investigated. The other concern becomes the fact that it sounds like your son has not seen you for 4 years. A court is certainly going to have questions about that, including as to assessing, from the child's perspective, how he is feels about you. You should contact an attorney to discuss the facts of this case.

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