Any willful Violation of Custody Orders or Parental Responsibilities Orders in Greeley can result in fines or prison time. The lawyers at the O’Malley Law Office can help you determine what is best for your child custody case. Court orders on custody are not always in a child’s best interest – but the law must be respected. Our experienced criminal defense lawyers will discuss removal of kids from Colorado when a judge orders otherwise. Let’s study Violating a Custody Order law under C.R.S. 18-3-304:
- What is the Definition of Violation of a Custody Order definition, C.R.S. 18-3-304, in Weld County?
- What are Examples of Violating Custody Orders in Greeley, Colorado?
- What are the Penalties and Sentence for Violating a Custody Order in Weld County?
- In Greeley, Colorado, What are Defenses to Violating a Custody Order?
#1. What is the Definition of Violation of a Custody Order or Parental Responsibilities, C.R.S. 18-3-304, in Weld County?
In Weld County, the Violation of a Custody Order law definition, C.R.S. 18-3-304, is:
(2) Except as otherwise provided in subsection (2.5) of this section, any parent or other person who violates an order of any district or juvenile court of this state, granting the custody of a child or parental responsibilities with respect to a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian or person with parental responsibilities of the custody or care of a child under the age of eighteen years, commits a class 5 felony.
(2.5) Any person who, in the course of committing the offenses described in subsections (1) and (2) of this section, removes a child under the age of eighteen years from this country, commits a class 4 felony.
This means that any parent who takes a child when they do not have a custodial custody order, or during a time that is not their scheduled parenting time, could be charged with Violation of a Custody Order. This is sometimes can Parental Kidnapping. Parents could also be charged with Contempt of Court, for violation of a parental responsibilities Order. We don’t normally see this law charged if one parent lets children overstay their parenting time.
#2. What are Examples of Violating Custody Orders / Parental Responsibilities Orders in Greeley, Colorado?
Not every violation of a Custody Order or Parental Responsibilities Order results in liability under the provisions of C.R.S. 18-3-304. Allocation of parenting time and decision making responsibilities concerning children can include many aspects of child supervision and care. Who gets to see the kids for Christmas and who gets the kids for overnights, are examples. Common examples of Violation of Custody or Parental Responsibility Orders include:
- Not allowing telephone or contact access to the child(ren) when it is written into the custodial agreement.
- Not having the child(ren) available during the appointed time or days in the custody agreement.
- Failing to return the child(ren) in a timely manner to the custodial parents as provided in a Court’s custody order.
The difference between just violating an aspect of a custody order, and taking and hiding a child from their legal guardians, is significant. The temporary or smaller order violations are not covered or enforced under C.R.S. 18-3-304. Moving your kids to an undisclosed location and hiding them from their legal guardians, such as DHS, is enforceable under C.R.S. 18-3-304. Your child custody attorney or Family Law Attorney can also help you learn what is criminal and what is not, related to child custody.
#3. What are the Penalties and Sentence for Violating a Custody Order / Parental Responsibilities Order in Weld County?
The sentence in Weld County for Violation of a Custody Order or / Parental Responsibilities Order depends on how the Order was Violated. Violating a Custody or Parental Responsibilities Order is either charged as a class 5 or class 4 felony. The class 5 felony for Violating a Protection Order is punishable by up to $100,000 in fines and 1 to 3 years in the prison. When a child is taken out of the country by a noncustodial parent, it is generally charged as class 4 felony. This is punishable by 2 to 6 years in a Colorado State Prison and up to $500,000 in fines.
#4. In Greeley, Colorado, What are Defenses to Violating a Custody Order?
In Greeley, our skilled defense lawyers can help you with the specific details of your case. Some common defenses to Violating of a Custody / Parental Responsibilities Order, is:
- You did not actually deny the other parent their custodial right.
- You thought you had legal right to have custody of the child, which was changed by a judge without notice to you.
- You held a reasonable fear of endangerment of the child’s safety and welfare.
- The child was over 14 and left his custodial parent at the child’s own instigation – not yours.