Q: How do I get emergency orders for child custody?
My children's mother has tried to commit suicide twice in the pas 15 months, is taking her bi-polar/borderline schizophrenia meds and is not seeing a therapist. She has gotten my 15 year old drunk at a concert. She is also taking ecstasy, acid, mushrooms and DMT in lieu of psych meds. I believe the kids are in danger being around them. What do I file so that she can't be around the kids. Currently she can have them every other weekend but never takes them.
A:
If the mother is not having contact with the child, emergency orders may not be the most effective approach because the orders are temporary and may not change the existing situation where the mother has no contact. It sounds like you want a full custody modification. Emergency orders or temporary orders can be granted as part of a modification order.
I assume that the mother will likely not consent to the modification request, so contacting (and likely hiring) a lawyer is highly recommended.
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A: You would file a Motion to Restrict Parenting Time pursuant to CRS 14-10-129(4). In that motion you would state your reasons for concern and allege imminent danger. Pursuant to statute, once the motion is filed her normal parenting time stops. However, there will be a hearing with 14 days of the date of filing and at that time you will need to be able to prove your concerns to the court. You should consult with an attorney.
John Hyland Barrett III agrees with this answer
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