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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101572
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have 50/50 custody of my son . s father has decision

Customer Question

Hello ,
I have 50/50 custody of my son . his father has decision making rights. Today they were supposed to bring him to me at 9 am per the order they refused so I drove an hour to meet my sons grandmother she was 45 mins late. When she arrived she jumped out of her car and started screaming and threatening me. Flipping me off , name calling, threats to take my son away, flinging her arms and hands in my face. My son was there and ran to me for saftey then i called 911 and filed a report she sped off. I am very concerned for my sons saftey with this woman since shes volatile and commited this attack in front of my son. Please help should I file a restraining order to protect my son and myself ?
Thank you
Submitted: 11 months ago.
Category: Family Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about your situation. Please tell me:

1) Why did they refuse to bring the child to you?

2) Define "threatening me." What did she say, exactly?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 11 months ago.
I live in bailey they live about 50 miles away. Per the order they must bring him to me when terminating parenting time and vice versa. My sons dad has no license abd lives with the woman who attacked me and she refuses to meet half way or follow the order so does he.Said she should kick my ass
" shes going to take my son away"
Im a piece of shit
Shes going to call cps
f**k you
Flipping the bird
Said im a asshole
Ect my son was there and scared i had to call 911
Expert:  Ely replied 11 months ago.
Thank you.
This is divided into two parts.
NOT TRANSFERRING CUSTODY LIKE ORDERED
This, he can be held in contempt for. Someone in your situation can file a motion for contempt, seeking the Court to hold him in contempt and he can be admonished, fined, made to pay for your motion costs, and/or even imprisoned for brazen contempt. See here:
https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=79
and
https://www.courts.state.co.us/Forms/PDF/JDF%201816T%20Verified%20Motion%20and%20Affidavit%20for%20Citation%20for%20Contempt%20of%20Court%20-%20R7%2013%20[Final].pdf
THE ALTERCATION
It does not sound like she was actually threatening you. She did not say that she would hurt you, kill you, etc. She just called you names (nothing illegal), and threatened legal action (also not illegal). However if you feel that overall she was acting threateningly, you can file a restraining order against her. See here:
http://womenslaw.org/laws_state_type.php?id=13693&state_code=CO
The Court tends to err on the side of caution and grants it often.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 11 months ago.
That is all stuff I know. But isn't child abuse and endangerment to do that in front of a minor child ?
Expert:  Ely replied 11 months ago.

She is not a parent or guardian of the child. So she cannot be accused of this from a family code standpoint. Now, the police can determine that the way she acted was child abuse/endangerment. Here is the definition below:

Child Abuse (18-6-401)

  1. (a) A person commits child abuse if such person causes an injury to a child's life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.
    (b) (I) Except as otherwise provided in subparagraph (III) of this paragraph (b), a person commits child abuse if such person excises or infibulates, in whole or in part, the labia majora, labia minora, vulva, or clitoris of a female child. A parent, guardian, or other person legally responsible for a female child or charged with the care or custody of a female child commits child abuse if he or she allows the excision or infibulation, in whole or in part, of such child's labia majora, labia minora, vulva, or clitoris.
    (II) Belief that the conduct described in subparagraph (I) of this paragraph (b) is required as a matter of custom, ritual, or standard practice or consent to the conduct by the child on whom it is performed or by the child's parent or legal guardian shall not be an affirmative defense to a charge of child abuse under this paragraph (b).
    (III) A surgical procedure as described in subparagraph (I) of this paragraph (b) is not a crime if the procedure:
    (A) Is necessary to preserve the health of the child on whom it is performed and is performed by a person licensed to practice medicine under article 36 of title 12, C.R.S.; or
    (B) Is performed on a child who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed to practice medicine under article 36 of title 12, C.R.S.
    (IV) If the district attorney having jurisdiction over a case arising under this paragraph (b) has a reasonable belief that any person arrested or charged pursuant to this paragraph (b) is not a citizen or national of the United States, the district attorney shall report such information to the immigration and naturalization service in an expeditious manner.
    (c) (I) A person commits child abuse if, in the presence of a child, or on the premises where a child is found, or where a child resides, or in a vehicle containing a child, the person knowingly engages in the manufacture or attempted manufacture of a controlled substance, as defined by section 18-18-102 (5), or knowingly possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the product as an immediate precursor in the manufacture of a controlled substance. It shall be no defense to the crime of child abuse, as described in this subparagraph (I), that the defendant did not know a child was present, a child could be found, a child resided on the premises, or that a vehicle contained a child.
    (II) A parent or lawful guardian of a child or a person having the care or custody of a child who knowingly allows the child to be present at or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know another person is engaged in the manufacture or attempted manufacture of methamphetamine commits child abuse.
    (III) A parent or lawful guardian of a child or a person having the care or custody of a child who knowingly allows the child to be present at or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know another person possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the product as an immediate precursor in the manufacture of methamphetamine commits child abuse.
  2. In this section, "child" means a person under the age of sixteen years.

I am not sure whether her spouting expletives near a child (awful, of course) comes to the level of abuse/endangerment. But, the police will decide this.

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Expert:  Ely replied 11 months ago.

I hope that clarifies.

Customer: replied 11 months ago.
I understand . i think I need to clarify that this is his grandma on dads side and he has put everything on her. She is unstable obviously. My son is not safe with her and especially after this incident
Expert:  Ely replied 11 months ago.

I understand. That however does not change my answer. If you feel that the father's household is unstable due to this third party, you can file to modify the custody decree, asking either (1) to be made custodian or to at least (2) bar her from interacting with the child by forcing him to ensure that she would not while he is in his custody.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 11 months ago.
ok thank you for your time this was not helpful to me this is all stuff i knew

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