QUESTION
Can I remove joint custody if my daughter's father was arrested for firing a gun?
Asked on Jan 02nd, 2012 on Child Custody - Colorado
More details to this question:
Yesterday evening my daughter's father was arrested for firing a gun at another person. What legal action should I take to keep my daughter safe? She is 6 months old and sees him regularly, but he is not allowed any over night visits. We do have joint custody. How hard would it be for me to have joint custody removed?
10 ANSWERS
You need to file emergency orders.
Answered on Jun 20th, 2013 at 12:35 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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I assume the baby's father was charged with felonious assault or some similar crime. Joint custody is not the issue. You should schedule a hearing to modify visitation to supervised only with the baby's father.
Answered on Jan 09th, 2012 at 11:21 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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It is difficult to change custody, but you fears are well grounded. A change of custody is quite possible if Father is convicted of the felony criminal charges.
Answered on Jan 09th, 2012 at 11:16 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Custody is decision making authority. I assume your are more concerned with your daughter seeing him at all at this point. If that is your concern, you can file a motion to modify the current order. It is impossible to say what the court will do without more information about the charges and the history of your case.
Answered on Jan 06th, 2012 at 3:42 PM
Steven D. Dunnings
Are you saying you have joint legal custody or joint physical custody? You might petition the court to request supervised parenting time for him.
Answered on Jan 06th, 2012 at 10:23 AM
The issue is visitation and the safety of your child. You can ask the court to change the current court order based on your concerns for your daughter's safety.
Answered on Jan 05th, 2012 at 5:22 PM
In order to get joint custody changed you have to show that he is a danger to the child and him having custody is not in the child's best interests.
Answered on Jan 05th, 2012 at 5:09 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington control and access to your child is controlled by a parenting plan. Modify your existing plan or seek one if you don't have one.
Answered on Jan 05th, 2012 at 5:05 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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I presume from your question that there is some form of court order ("parenting plan"?) establishing the father's visitation rights. You need to file a motion to modify that court order to appropriately restrict the father's contact with your infant based on these serious developments that you have described.
Answered on Jan 05th, 2012 at 5:02 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Probably not for that reason alone. And, since Colorado has no "joint custody" it isn't clear what you want to "remove". If you are concerned with the father being irresponsible about gun safety, that may or may not be a basis to limit or supervise his physical access to the child. The issue will solely be related to whether a single incident justifies a conclusion that father is a potential danger to an infant sufficient to warrant limitations.
Answered on Jan 05th, 2012 at 5:01 PM