We obtained primary residential custody in March. The mother has them out of state this Christmas and refuses to separate the kids from their 22 year old step sister who is a recovering drug addict and staying in their room. What do we need, what can we do, to get the courts to order this separation as the kids don't feel safe, and we agree. Even if we can't do it by Christmas as I know we are quickly approaching it. Custody orders were done in Colorado, mother lives in kansas. Their mother and my fiance's children that we have primary residential custody of, are female ages 11 and 13
Your best option would be to file a Motion to Restrict Parenting Time. As part of that Motion you would have to convince the Court that your children are in imminent emotional or physical harm. If the Court grants your Motion then the other parent's parenting time will be restricted to just supervised time and the Court will schedule a hearing within 14 days. However, the problem you have is how to get the children returned to Colorado until the time for a hearing.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline