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Can I keep my child from her father if I believe giving her to him would put her in danger of emotional abuse?

Westminster, CO |

-daughter who is 5
-I was the primary parent until she was 2, then it went to 50/50 custody
-08/12 D&N for my child as well as his 3 others against him- The main reason was for his oldest
-DHS placed that child in foster care, where he remains, was removed for emotional neglect and now their dad is relinquishing his rights
-08/13 Our parenting plan revised-She is now in my custody and visits her father every other weekend, he voluntarily signed
-I filed for support mod and it was granted-He didn't contest
-He now threatens to relinquish his rights, said his next visit will be the last and he will tell her why in front of me so she can know this is my fault and resent me (texts and vm)
I believe giving her to him will be traumatic and harmful
He has a history-I am worried what might happen

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Attorney answers 4


This is a very complicated scenario that would be impossible to address fully on a message board. You really ought to consider sitting down with a family law attorney to discuss all of the possibilities here.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.



Thank you for your answer. I guess I was just trying to figure out what my basic rights/rules were :)


If you have court orders regarding parenting time, you cannot just decide to disregard them without consequences. If you believe the current parenting time schedule is not in your daughter's best interest, you MUST file to change the parenting schedule with the Court. If you believe that parenting time is endangering your child, you can file a motion to restrict parenting time. You CANNOT simply decide to do this without seeking approval of the Court and explaining your reasons.

You can reach Harkess & Salter LLC by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.



I didn't think so. I guess it's time to take the next step and find an attorney to file an emergency restriction of parenting time. Thank you.


I am so sorry for your troubles. While it is best to work with an attorney to make sure you get this done properly, you might consider filing a motion to restrict parenting time under C.R.S. 14-10-129.4. You would need to provide the voice mails and text messages to support your claim of imminent emotional harm to your child. It is not a good idea to withhold a child from court ordered parenting time without taking action as described herein. If you wish to schedule a consult, please feel free to give us a call.


In addition to the valuable information provided by my colleagues, you need to know that he cannot just relinquish his parental rights. Parental rights can be terminated as a consequence of a dependency and neglect case, they can be terminated as part of a stepparent adoption proceeding, but judges do not let parents just give up their parental rights and responsibilities. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

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