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Child Custody Cases

• Parenting Plan
• Emergency Orders
• Temporary Orders
• Permanent Orders
• Modification of Parenting Time
• Relocation
• Termination of Parenting Rights
• Enforcement of Child Custody Orders
• Unmarried Parents
• Grandparents' Rights

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Emergency Orders

A Motion to Restrict Parenting Time is often filed as an emergency order and is intended to intervene if physical or emotional danger to a child is imminent. Like a temporary protection order, emergency orders to restrict parenting time can be issued ex parte; meaning at the request of just one of the parties. The requesting party must tell the court that a child is in imminent danger and provide a supporting affidavit. Once emergency orders are issued, all visitation by the allegedly endangering parent must be supervised. However, a hearing in the matter will be set by the court within 7 days of issuing the order.

At the hearing, the requesting party has the burden of showing that a restriction on parenting time is needed to prevent further endangerment. Unlike a simple modification of parenting time, the best interests of the child standard does not apply where the request is to restrict parenting. The endangerment standard is high and can be difficult to establish.

If you need assistance with either side of a motion to restrict parenting time, call me right away at (720) 201-3802, or simply submit your legal question directly here.