If you’re worried that your child is in immediate danger while with the other parent, Colorado law gives you the option to file for emergency custody. This legal tool is meant to protect children from serious harm, such as abuse, neglect, or exposure to dangerous situations. But before you take this step, it’s important to understand what qualifies as an emergency, what the process looks like, and what kind of evidence you’ll need.
This guide will walk you through everything you need to know about how to file for emergency custody in Colorado—from the legal standards to what to expect at the hearing.
What Is Emergency Custody?
Emergency custody is a temporary legal order that changes or restricts a parent’s custody rights when a child’s safety is at risk. This order is issued quickly—often within 24 hours—when the court finds that the child is in immediate danger.
Unlike regular custody modifications, which can take weeks or months, emergency custody is fast and meant for serious, time-sensitive situations. You’ll still need to attend a full hearing within two weeks, but the emergency order takes effect right away to protect your child during that time.
When Should You File For Emergency Custody?
You should consider filing for emergency custody only if there’s a real and immediate threat to your child’s physical or emotional safety. Colorado courts take these cases seriously, but they also expect strong evidence before making such a drastic change.
Here are some situations where emergency custody may be appropriate:
- The other parent is physically or sexually abusing the child
- The child is exposed to someone else in the household who is abusive
- The other parent is using drugs or heavily drinking while caring for the child
- The child is left home alone for long periods
- There’s criminal activity happening around the child
- The other parent has threatened to abduct the child
- The parent is emotionally unstable or experiencing a mental health crisis
- The child is living in unsanitary or unsafe conditions
Not every disagreement or parenting mistake qualifies as an emergency. If you’re unsure, it’s always a good idea to speak with a family law attorney before filing.
What Colorado Law Says About Emergency Custody
Colorado Revised Statute §14-10-129(4) allows a parent to file for emergency custody by requesting a restriction of parenting time. The law says parenting time can be restricted only if it would:
- Endanger the child’s physical health, or
- Significantly impair the child’s emotional development
The court needs clear and convincing evidence to grant this kind of emergency order. That means the burden is on you to show the court that your child is truly in danger.
Step-by-Step Process: How To File For Emergency Custody In Colorado
Here is a breakdown of the steps you’ll need to follow if you’re filing for emergency custody in Colorado:
Gather Evidence
Before filing anything, gather all the evidence you have that shows your child is in immediate danger. This might include:
- Photos or videos showing physical injuries or unsafe conditions
- Medical records or hospital reports
- Police reports or restraining orders
- Witness statements (from teachers, doctors, neighbors, etc.)
- Text messages, voicemails, or emails containing threats or admissions
- Reports from child protective services
Without strong evidence, the court is unlikely to grant an emergency order.
File the Verified Motion
Next, you’ll file a legal document called a Verified Motion for Emergency Restriction of Parenting Time in the district court where the original custody order was issued (or where the child currently lives).
Your motion must include:
- A detailed description of the dangerous situation
- Specific facts, not just opinions or fears
- The evidence supporting your claims
- A request for specific relief (e.g., full custody, supervised visitation, etc.)
This motion must be notarized or verified, meaning you sign under oath that what you’re saying is true.
Emergency Hearing (Within 24–48 Hours)
Once your motion is filed, the court will schedule an emergency hearing, usually within 24 to 48 hours.
In some cases, the judge may issue an ex parte emergency order, which means the other parent is not notified before the order is issued. However, this is rare and reserved for cases where notifying the other parent would put the child in more danger.
At the emergency hearing:
- The judge reviews your motion and evidence
- You’ll testify under oath
- The judge may ask questions
- The other parent may or may not be present
If the judge agrees that your child is in immediate danger, they will issue a temporary emergency custody order.
Serve the Other Parent
If the court grants the emergency custody order, the other parent must be legally served with the court’s decision and notice of the next hearing. This is usually done by a process server or law enforcement.
Full Hearing Within 14 Days
Colorado law requires a second hearing within 14 days of the emergency order. This is where the judge will:
- Hear both sides
- Review additional evidence
- Decide whether the emergency order should become a modified custody order or be cancelled
At this hearing, both parents can present evidence, call witnesses, and have legal representation.
What The Court Might Order
If your emergency motion is granted, the court may issue one or more of the following orders:
- Temporary sole custody for you
- Supervised visitation for the other parent
- Suspension of parenting time for the other parent
- Restriction on decision-making rights
- Court-ordered therapy or parenting classes
The court’s goal is always to protect the child, not to punish either parent. The judge may also involve child protective services if necessary.
What Happens After The Emergency Order?
After the emergency order is granted:
- The order goes into effect immediately
- Your child stays with you under court protection
- The other parent must follow all restrictions until the full hearing
- You’ll both return to court within 14 days for the final decision
If the judge decides to keep the changes in place, the emergency order may become a permanent modification of your custody arrangement.
Can The Court Deny Your Motion?
Yes. If the judge finds there is not enough evidence that your child is in danger, your emergency custody motion will be denied. That doesn’t mean you can’t still request a regular custody modification, but it will go through the normal, slower legal process.
Be aware: if the court finds that you filed an emergency motion without a valid reason, you could face legal consequences.
What If The Other Parent Files Against You?
If the other parent files an emergency motion against you, and it’s granted, you must follow the temporary court order. But you also have the right to:
- Be present at the second hearing
- Bring your own evidence
- Dispute false claims
- Show that the situation does not endanger the child
In some cases, courts penalize parents who file false emergency motions, especially if they’re meant to manipulate custody or harass the other parent.
Important Tips Before Filing
- Speak with a family law attorney – Emergency custody cases move fast and are legally complex. An attorney can help you file correctly and gather strong evidence.
- Don’t exaggerate or guess – Stick to facts. Don’t speculate or include unrelated issues.
- Be respectful in court – Judges don’t respond well to emotional outbursts. Stay focused on your child’s safety.
- Document everything – The more credible documentation you have, the stronger your case.
- Prepare for follow-up – Even if you get emergency custody, you’ll need to attend another hearing soon and may need long-term legal help.
Final Thoughts
Filing for emergency custody in Colorado is a serious legal step that should only be taken when a child is truly at risk. The process can move quickly, with court decisions made in a matter of hours. But it also requires solid evidence, careful preparation, and the willingness to follow up with court hearings and legal support.
If you believe your child is in danger, don’t wait—speak with a Colorado family law attorney right away. The safety and well-being of your child is the top priority, and emergency custody may be the protection they need.