How to protect your child from an abusive parent
As a parent, your top priority is your child’s safety and well-being. If you suspect that your child is being abused by the other parent, it’s more than just a concern—it’s a critical issue that requires immediate action. The good news is that Colorado law provides specific protections for children in these situations, but navigating these legal waters can be complex. Here’s what you need to know to protect your child and how an attorney can help you through the process.
Recognizing the Signs of Abuse
The first step in safeguarding your child is recognizing the signs of abuse. These signs might be physical, such as unexplained bruises or injuries, or emotional, like extreme anxiety, depression, or fear of being with the other parent. You might notice changes in your child’s behavior—withdrawal from activities they used to enjoy, sudden changes in school performance, or reluctance to talk about what happens at the other parent’s home. If you see any of these signs, trust your instincts and take action.
The first step is finding support for your child - therapy is a safe space for children to talk about their experience with a neutral adult with whom they can build trust and confidence. Therapy - for all children experiencing divorce, but especially for children experiencing abuse or neglect - is paramount to their emotional and mental health.
HOW DOES COLORADO TREAT CASES OF CHILD ABUSE AND NEGLECT: THE DIFFERENCE BETWEEN TITLE 19 AND TITLE 14
Title 19 in Colorado: The Children's Code
Title 19 of the Colorado Revised Statutes, commonly referred to as the Children's Code, governs matters related to the welfare and protection of children. This title covers a wide range of issues, including:
Child abuse and neglect: It defines what constitutes abuse, neglect, and dependency, and sets forth the procedures for reporting, investigating, and addressing these issues.
Dependency and neglect cases: Title 19 outlines how the state intervenes when a child is in need of protection or services because they are not being adequately cared for by their parents or guardians.
Termination of parental rights: It provides the legal framework for the termination of parental rights when a parent is deemed unfit to care for their child.
Foster care and adoption: Title 19 also regulates foster care, adoption, and other child welfare services.
Juvenile delinquency: This title addresses the treatment and rehabilitation of minors who have committed criminal offenses.
Key Focus: The primary focus of Title 19 is on the state's responsibility to protect children from harm, ensure their welfare, and intervene when necessary to provide a safe and stable environment. The standards and procedures under Title 19 are typically used in cases where the state (through child protective services or the courts) is directly involved in the child’s care due to concerns of abuse, neglect, or other safety issues.
Title 14: the Endangerment Standard in MATTERS CONCERNING Parenting Time
In contrast, the endangerment standard comes into play specifically in the context of modifying parenting time under Title 14 of the Colorado Revised Statutes, which deals with domestic matters, including divorce, custody, and allocation of parental responsibilities.
When a parent seeks to modify an existing parenting time order, especially to restrict or limit the other parent's time with the child, the court applies the endangerment standard. According to C.R.S. § 14-10-129, a court may modify a parenting time order if it finds that the current arrangement endangers the child’s physical health or significantly impairs the child’s emotional development.
Key Elements of the Endangerment Standard:
Physical Health: The court considers whether the child’s physical health is at risk due to the current parenting time arrangement. This could include exposure to physical abuse, unsafe living conditions, or situations that pose a risk of harm to the child’s physical well-being.
Emotional Development: The court also evaluates whether the child’s emotional development is being significantly impaired. This could involve situations where the child is subjected to emotional abuse, extreme stress, or instability that negatively affects their mental and emotional health.
The endangerment standard is a higher threshold than the general "best interests of the child" standard used in initial custody determinations. It requires showing that the child is at substantial risk of harm under the current parenting time arrangement, rather than simply that a different arrangement might be better.
In essence, Title 19 is about the state's role in protecting children from harm, while the endangerment standard is a specific legal criterion used by courts to determine whether a child’s current custody or visitation arrangement should be changed to protect them from harm within the context of family law.
WHAT ARE YOUR OPTIONS AS A PARENT?
If you believe your child is being abused, Colorado law provides several options under C.R.S. § 14-10-129 to protect them:
Motion to Restrict Parenting Time: If you suspect that your child is in immediate danger, you can file a motion to restrict the other parent’s parenting time. Under C.R.S. § 14-10-129(4), this motion can temporarily limit the other parent’s contact with the child, requiring supervised visitation or even suspending parenting time altogether until a court hearing can determine the facts.
Urgency of the Motion: Colorado law requires that this motion be heard by the court within 14 days of filing, reflecting the urgency of protecting the child. During this period, the court may issue an order restricting the alleged abusive parent’s access to the child to ensure their safety.
Modification of Parenting Time: Under C.R.S. § 14-10-129(1), the court may modify an existing parenting time order based upon the best interests of the child. In determining the best interests of the child, the Court will consider evidence that speaks to numerous factors including “[a]ny report related to domestic violence that is submitted to the court by a child and family investigator, if one is appointed pursuant to section 14-10-116.5; a professional parental responsibilities evaluator, if one is appointed pursuant to section 14-10-127; or a legal representative of the child, if one is appointed pursuant to section 14-10-116. The court may consider other testimony regarding domestic violence from the parties, experts, therapists for any parent or child, the department of human services, parenting time supervisors, school personnel, or other lay witnesses”. C.R.S. 14-10-124(1.5)(a)(III.5).
The Role of Evidence
When filing a motion under C.R.S. § 14-10-129, it’s critical to present sufficient evidence to, not only support your claims of abuse, but to show that the child(ren) is in immediate danger. Unfortunately, you cannot simply tell the Court what your child told you - child hearsay is inadmissible unless statutory steps are taken beforehand. How can you establish that your child is being abused or neglected? Some cases involve images of physical signs of abuse, parent testimony of their child(ren)’s changed behaviors or extreme emotional distress, police reports and officer testimony, or witness testimony if acts of abuse were observed by a third party (or you yourself). However, in many cases, nobody witnesses the abuse except for the child victim. In these cases where evidence outside of the child’s statements is limited, it is crucial to seek methods so to admit children’s statements as evidence. This can be accomplished in a number of ways: a party can admit child hearsay through specific steps provided under C.R.S. 13-25-129, or by seeking an in-chamber interview between the judge and the child. The Court can also appoint experts who can testify as to reports of abuse. Court appointed experts are a common avenue to getting in crucial evidence regarding child abuse; these include child legal representatives (CLR), child and family investigators, or professional parental responsibilities evaluator.
Identifying signs of possible child abuse is step one. Step two is building and proving your case so to protect your child. Our attorneys can help ensure your child receives the protection they deserve.
Navigating the legal system can be overwhelming, especially when your child’s safety is on the line. An experienced family law attorney can guide you through the process of filing the proper motions, establishing sufficient evidence, presenting your case to the court, and advocating for the best possible outcome for your child.