Asked in Child Custody, Domestic Violence and Family Law for Colorado

Q: Me and my now ex husband lost our child to the state I had a protection order put on him. I almost got custody back and

People in court say if I drop protection order I won't get my daughter at perminant planning trail. Is this legal for them to do? The protection order I put on him was after they took our daughter. But before they took her we both was doing meth and he punched me and kicked me. But I believe now the issue was instigated by drug use. I have done everything they have told me to do and they say that's why I'm getting our daughter back. But because he didn't want to comply with the court they won't help him with visits. My daughter misses her daddy but they say if I modify or drop restraining order I won't get custody of her and she will return to the care of dhs. Is this legal can they take her even though the protection order is a separate case.

1 Lawyer Answer
Sabra M. Janko
Sabra M. Janko
PREMIUM
Answered
  • Divorce Lawyer
  • Denver, CO
  • Licensed in Colorado

A: The answer depends on the specific facts of your case. If you take an action that the court perceives as not being in the best interests of your child for safety reasons, that will impact an allocation of parental responsibilities decision. You should speak to an attorney to determine the best approach to reach your goals at a permanent orders hearing and to protect your safety and the safety of your child.

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