- August 29, 2024
- Family Law
Child Endangerment Is Complicated
Safeguarding Your Family Is a Priority
Are you concerned about the welfare of your child or children? If so, you do have options for action, but whether or not you can leverage the law on your behalf depends upon what is actually happening.
As you likely know, parents’ beliefs regarding appropriate behaviors and care can vary. And while you may not agree with another’s choices, legally they may be just fine. Child endangerment is a complicated concept, and understanding it is important when determining whether you have cause to proceed with legal action.
If you are worried about your children’s safety, consulting with a reputable family attorney experienced in child endangerment issues is a good place to start. This professional can review your situation, determine whether your issues can be resolved under the law and, if so, guide you through the appropriate process.
As a parent, your most important job is protecting your children. If their well-being is in question, you should act immediately to identify a resolution to this very serious problem.
Child Endangerment in Colorado Explained
A Legal Description
In the state of Colorado, child endangerment falls under the umbrella of child abuse. If an individual intentionally puts a child into a situation where their health and/or life is threatened, they could be charged with child endangerment. Situations where minor children may be endangered include:
- Threat or action of physical abuse
- Signs of sexual abuse
- Presence of domestic violence
- Existence of alcohol abuse or the use of illegal drugs
- Absence of adequate nutrition and care
- Concerns regarding parental mental and emotional stability.
These behaviors and situations not only encompass actions that can result in injury or death, but also place children in a position where their basic health and emotional well-being are at risk.
It is important to recognize that when making decisions regarding the validity of child endangerment claims, judges will review the totality of the specific situation, including factors like the age of the child and their level of maturity.
For example, leaving a 6-year-old home alone while one visits a friend is very different from leaving an 11-year-old to obtain urgently needed medication. Judges, in situations like these, take care to understand all mitigating factors. That said, certain actions are clear examples of child endangerment, like using illegal drugs in your children’s presence or driving under the influence of drugs or alcohol with your child in the car.
How to Handle Child Endangerment Concerns
Taking Action Is Paramount
The possible impact of endangerment to a child runs the gamut from slight to significant. Some situations may result in minor cuts and bruises while others lead to incredibly serious injury and, in the most extreme cases, even death. Additionally, children suffer from the emotional effects of endangerment, and the impact on their mental health can be considerable.
If you believe your child’s other parent is endangering the welfare of your child or children, you must take action as quickly as possible. Protecting their health and safety is the priority; waiting can result in devastating outcomes.
Your first course of action should be to reach out to a Denver family law attorney. This professional can review your situation and any evidence which you may have in order to provide an unbiased opinion on whether or not you have a viable case and reason for action. Judges recognize that not all separations are amicable; some parents can be vindictive in their actions and attack their ex-spouse’s parenting unreasonably.
Additionally, as individuals co-parent children, the ways in which they operate can differ significantly. Just because you don’t agree with your ex’s actions, this does not mean your child’s health or well-being is in danger.
Your family attorney will look at the entirety of your situation and let you know if it is best to move forward with an emergency motion for custody.
Emergency Motions for Custody in Colorado
While you don’t necessarily need an attorney to file a motion for custody in Colorado, working with a professional may be in your best interests. If you are considering this action, your situation is obviously serious. The advice, counsel, and guidance of an experienced professional is warranted; it is an investment in your family’s future.
You want to make sure you are armed with concrete evidence regarding the endangerment. Obviously, what you are able to provide will vary depending upon the specific circumstances, but it may include email and text communications with your ex, reports from schools, copies of medical records, and even pictures. Because the courts treat these concerns with urgency, your case will likely be heard quickly, within 24 hours. Thus, you want to have all of your evidence ready to go; you simply don’t have time to delay while you request documents from others.
If the judge agrees that your child is in danger, then you will be granted a temporary order of custody under which your child’s other parent would be provided visitation under supervision of a third party (someone who is neutral to the situation). Additionally, a second hearing will be scheduled after 14 days, during which both sides will have the opportunity to present evidence. After listening to both parents, the judge will make a final ruling regarding visitation and custody going forward.
What Is Considered Child Endangerment In Colorado and How Should You Respond?
Price Family Law Is Ready to Go To Work for You
If you are concerned that your child’s other parent may be endangering them, you are likely frightened and overwhelmed. After all, this is a situation you never expected to be in. Unfortunately, people change, as do their behaviors. As a parent, it is your responsibility to both monitor your children’s well-being and act if you believe it is at risk.
At Price Family Law, our team of knowledgeable attorneys, led by Trista Price, is experienced in handling child endangerment charges. They appreciate the emotions and concern involved in cases like this and are well-versed in how the law defines the act. Additionally, their approach to protecting families is hands-on and compassionate; they always respect the urgency of these issues.
Our attorneys actively listen to our clients’ concerns and ask meaningful questions to gain a clear understanding of what is happening with regard to their children. We carefully weigh the information and evidence shared and advise our clients on how to proceed.
If we believe the children are in danger, we will file a motion for emergency custody on their behalf and present their case to the court.
Additionally, we will work tirelessly to prepare for the second hearing and advocate for a custody/visitation agreement that provides complete protection for the children.
We provide a sense of calm during an unimaginable storm. Our ability to review your situation with fresh and independent eyes allows us to provide you with honest feedback and outstanding representation. By leveraging our knowledge of the law, experience in the local courts, and our tireless approach to service, we bring value to every client we serve. We place the highest priority on the safety of minors and will work tirelessly to protect your children.
You can rely on our team to handle this situation as if your children are our own.
Contact Us Today
Time is never more important than when your children’s safety is at risk — literally, every second counts. Contact us today at 720-615-1750 to schedule a free consultation. This meeting will provide us with the opportunity to review your case and offer you insight into how we operate and communicate. We can use the information you share to let you know how we believe you should proceed.
