Boston, MA asked in Child Custody, Criminal Law and Family Law for Colorado

Q: Can a step parents committing child abuse stop custody of a parent?

My sons step mother was ticketed for child abuse that she admitted to, she bite him leaving a mark. His father admits to being there when it happened. DFS has not removed our son from their home he is there 50% of the time. I am worried that if she loses her cool she could hurt him more next time. Can a parent lose visitation rights if their spouse Commits child abuse? Is it reasonable to file a motion to modify parenting time and ask for supervised visits for dad?

1 Lawyer Answer
Courtney Edwards
Courtney Edwards
  • Criminal Law Lawyer
  • Edwards, CO
  • Licensed in Colorado

A: It is absolutely reasonable to file a motion to modify parenting time based on the wife's abuse, especially if the child's dad was there and did nothing to stop it. Steps need to be taken to protect your child during father's parenting time- a motion to modify parenting time, alleging that the child is in danger, is the way to do it.

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