Fighting False Claims in a Custody Case

As a parent, few things are more distressing than facing a motion to restrict your parenting time, especially when the claims are false or exaggerated. Parental rights challenges can cause emotional stress, financial strain, and even reputational harm. However, these legal matters can have a profound impact on children, who may feel caught in the middle of the dispute. 

It’s very important to understand your legal rights when responding to a motion to restrict parenting time. In this article, I’ll explain them in the context of fighting false claims and what steps you can take to protect your relationship with your child.

The Best Interest of the Child is Priority No. 1

A motion to restrict parenting time is not a problem that just goes away on its own. Once there’s an open custody case against you, Colorado courts must respond. 

Colorado custody cases hinge on what the courts perceive to be in the child’s best interest. C.R.S. 14-10-129

While serious allegations of child abuse or neglect are likely to result in a restriction of parental rights, in most cases, the courts are motivated to arrive at a solution that involves shared parenting. C.R.S. 14-10-124 

All motions to restrict parenting time begin as temporary orders, making time of the essence in these cases. 

Focus on Your Evidentiary Hearing

With a temporary motion to restrict parenting time, it may feel like the odds are stacked against you. But that’s not necessarily the case. 

The courts can’t just restrict your parenting time indefinitely without holding an evidentiary hearing. This is your chance to show the court that you’re fit to parent and, ideally, hold the other parent accountable for their actions. 

If the court finds the motion to be substantially frivilous, groundless, or vexacious, the court can impose sanctions on the other parent, recouping your attorney fees abusing the legal process. 

You Have 14 Days to Respond 

Here’s the thing. Under Colorado law, a motion to restrict parenting time must be heard and ruled upon within 14 days of the motion’s filing. C.R.S. 14-10-129

This means, you only have two weeks to prepare your defense against false or misleading claims. You need to gather supporting evidence who can testify on your behalf. Talk to witnesses who may have information about these alleged incidents and gather text messages, voicemails – really anything that we can use to defend your parenting record needs to be ready for the hearing.

That’s why, as soon as you catch wind that the other parent has filed such an order against you, it’s imperative to connect with a family law attorney. Failure to act quickly could result in the temporary motion to restrict parenting time becoming a long-term restriction. 

If the court determines that these allegations are valid, you’ll face a long-term restriction on your parenting time. Depending on the circumstances, it could take weeks or months to quash the restrictions. 

What to Expect From Your Defense

The burden of proof is on the parent making these allegations. But that doesn’t mean you should bank the other parent presenting a weak case. 

Focus on obtaining the evidence you need to prove that restricting your parenting time is not in the best interest of your child. 

You don’t want to leave any stone unturned. After all, you’re in a fight for your parental rights. 

“Can’t We At Least Talk About This?”

No parent wants to fight a custody claim, especially when they know deep down the allegations are baseless. No matter how baseless, these sort of accusations can really sting. It can be tempting to trick oneself into thinking “If we could just talk about this like adults…”

If your ex has already filed a motion to restrict, the best course of action is not to engage the other parent without legal representation, and refrain from making comments or statements you don’t want to hear played back to you in court. 

Proposing a Settlement

Two weeks may be just enough time to reach some kind of settlement ahead of the hearing, depending on the severity of the accusations. 

My team has had success with this approach in the past. If the matter is minor enough, we may be able to address the concerns brought up through these motions, earning back some lost parenting time before the hearing’s even set to be held. 

Fight False Custody Case Claims with Guidance from R&H

Facing false or exaggerated claims and a motion to restrict parenting time is challenging. But with the right approach, you can defend your rights and protect your relationship with your child. If you’re in this situation, reach out to our team for a case assessment. We’ll fight for your parental rights. Call 303-688-0944 to get started with your initial consultation right away.