Loveland, CO asked in Domestic Violence and Family Law for Colorado

Q: There is currently an active case for abuse against the husband of my sons mother for abusing one of my sons siblings

She is now wanting to exercise her parenting time for the summer. Am I still required to send him to her house for the summer.

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2 Lawyer Answers
Sabra M. Janko
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Answered
  • Domestic Violence Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: I am sorry to hear about your situation. Everyone is obligated to follow the court order in existence. If a modification or an emergency restriction is needed, then it is necessary to file with the court to make the change if there is already an order in existence,

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: Generally, you need to comply with the court ordered/approved parenting plan UNTIL AND UNLESS the court changes the parenting plan. If appropriate you can file a motion to restrict parenting time IF the child would be in imminent danger. The court will schedule a hearing within 14 days to decide this. You should get a lawyer to help you with this.

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