Mary Kay Kramer, P.C. Attorney at Law
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What if the visitation schedule must be changed due to a crisis?

When there is a child custody arrangement between parents in Colorado, the goal is to have both parents spend time with the child and ensure the child's best interests as the top priority. Part of the child's best interests being focused upon includes having a safe and nurturing environment. Often, parents will experience problems in their lives that leave the other parent concerned for the child's well-being should the visitation schedule be followed as normal. Knowing when and how there can be an immediate change to parenting time because of a crisis is imperative for both parents.

A crisis can arise for a variety of reasons. Perhaps there was a mental breakdown. The child might have been neglected. Or there are allegations of wrongdoing from the child accusing the parent. When this occurs, either parent has the right to file a motion to limit the other parent's time with the child. In the motion, it must say that the child will be in imminent danger. It can be physical or emotional. When this type of motion is made, it will be heard within seven days.

When the word "imminent" is used, it refers to something that is about to happen. When there is a scheduled visitation in the interim from the motion to the hearing date, a third party with no connection to either parent will supervise the visitation. The courts have services for this type of situation. These motions can be difficult. If the court declares that the parent made this claim in a frivolous manner or there were not adequate grounds for it, the court can force the parent to pay the attorney fees and other costs associated with the motion. It should be completely necessary to make this type of motion before moving forward with it.

Parents who are worried about the behavior or state of mind of the other parent and fear the child's safety could be compromised if visitation is allowed have recourse to put a stop to it. The parent who is accused of being a danger to the child also has the chance to lodge a defense. A law firm that is skilled with family matters including child support, visitation, custody and more can help either side in such a circumstance.

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Mary Kay Kramer, P.C.
1820 West Colorado Avenue
Colorado Springs, CO 80904

Phone: 719-362-5113
Phone: 719-475-9994
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