Thanks for your patience.
COLORADO REVISED STATUTES:
§ 14-10-129. Modification of Parenting Time in applicable part states:
(b) (I) The court shall not restrict a parent’s parenting time rights unless
it finds that the parenting time would endanger the child’s physical health or significantly impair the child’s emotional development. Nothing in this section shall be construed to affect grandparent visitation granted pursuant to section 19-1-117, C.R.S
Further, the statute indicates:
(3) (a) If a parent has been convicted of any of the crimes listed in paragraph (b) of this subsection (3) or convicted in another state or jurisdiction, including but not limited to a military or federal jurisdiction, of an offense that, if committed in Colorado, would constitute any of the crimes listed in paragraph (b) of this subsection (3), or convicted of any crime in which the underlying factual basis has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3(1), C.R.S., that constitutes a potential threat or endangerment to the child, the other parent, or any other person who has been granted custody of or parental responsibility for the child pursuant to court order may file an objection to parenting time with the court. The other parent or other person having custody or parental responsibility shall give notice to the offending parent of such objection as provided by the Colorado rules of civil procedure, and the offending parent shall have twenty days from such notice to respond. If the offending parent fails to respond within twenty days, the parenting time rights of such parent shall be suspended until further order of the court. If such parent responds and objects, a hearing shall be held within thirty days of such response. The court may determine that any offending parent who responds and objects shall be responsible for the costs associated with any hearing, including reasonable attorney fees incurred by the other parent. In making such determination, the court shall consider the criminal record of the offending parent and any actions to harass the other parent and the children, any mitigating actions by the offending parent, and whether the actions of either parent have been substantially frivolous, substantially groundless, or substantially vexatious. The offending parent shall have the burden at the hearing to prove that parenting time by such parent is in the best interests of the child or children.
So, if you believe that the father's possession of a gun (even though locked and next to his bed) is putting your child in danger and/or you can PROVE that he has a history of mental health issues, including suicidal ideation, etc. and that he has a history of violence, then you can file a Petition for a Modification of Parenting Time. If you can somehow verify the mental health issues and/or his suicidal ideation, and/or his history of violent behavior, you have a good chance of modifying the parenting time.
If there are any police reports that were made because of his violence, or the police were called to his residence because of violence, you should ask to obtain them from the police department in the jurisdiction where the violence occurred. Again, if you can verify his mental health issues, that would also be good evidence for you. However, mere allegations may not be enough to modify the visitation schedule. So, gather as much information as possible before you file a Petition to Modify Parenting Time.
But at the basis of any Petition to Modify Parenting Time, should be the SAFETY of your child, and the fact that it is in the best interests of your child to NOT be around anywhere where a gun may be accessible. Who is to say that the father of your child KEEPS that gun locked. And, if he has mental health issues, who is to say that he wouldn't forget to keep it locked. Actually, a gun should be kept in a LOCKED GUN CABINET OR SAFE, and not necessarily next to a bed.
You may also wish to contact an attorney who specializes in family law
in the county in which your support/parenting time case is being handled. Sometimes, an initial consultation is free or at a minimal charge. You can discuss the specific facts of your case, evaluate your options and decide how to proceed.
If you don't have an attorney and wish to speak to one, you can try the Metropolitan Lawyer Referral Service. They will help evaluate your situation and find the right lawyer for you. http://www.mlrsonline.org
I hope you find this information useful.
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