In Weld County, when a parent Violates a Custody Order, they can face criminal charges. The attorneys at the O’Malley Office understand that child custody arrangements can be heated topics and we want to help you in the court process. With a Violation of Parental Responsibilities Orders, a parent can face a felony criminal charge which includes fines, time in prison, and a felony record. Below, our attorneys will discuss Violation of a Custody Order in Weld County. If you or a loved one are in the Fort Collins or Larimer County Court, get help here.
Colorado Definition of Violation of a Custody Order or Parental Responsibilities Order, C.R.S. 18-3-304
Violation of a Custody Order definition, C.R.S. 18-3-304, in Colorado is:
(1) Except as otherwise provided in subsection (2.5) of this section, any person, including a natural or foster parent, who, knowing that he or she has no privilege to do so or heedless in that regard, takes or entices any child under the age of eighteen years from the custody or care of the child’s parents, guardian, or other lawful custodian or person with parental responsibilities with respect to the child, commits a class 5 felony.
(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.
What is Parental Kidnapping in Greeley, Colorado?
Parental Kidnapping in Greeley and across Colorado occurs when a parent takes a child contrary to a custodial custody order, or during a time which is not that parent’s scheduled parenting time. This subsection deals with parents only, with the complaining party being the parent whose parental time is violated. This situation is known as Violating a Custody Order, which is also referred to as Parental Kidnapping.
Punishments for Violating a Custody Order in Weld County
The Weld County sentence for Violation of a Custody Order depends on what actions the parent is accused of, doing, when they violated the Parental Responsibilities Order. Did they take the child out of the country? Did they take the child out of state? What was the age of the child? Was the child being abused or mistreated? How long was the child gone for? All these things can impact what a prosecutor will charge once the parent and the child are located. This charge can either be 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 a Colorado State Prison. The more severe sentence is a class 4 felony with penalties of 2 to 6 years in prison and up to $500,000 in fines. A class 4 felony is usually charged when the noncustodial parent takes the minor out of the country.
Why Would I Need a Greeley, Colorado Criminal Defense Attorney if I Violate Parental Responsibilities Orders?
In Greeley and across Colorado, not every Violation of a Parental Responsibilities Order will cause a criminal charge. Small violations of parts of an order would not generally cause a criminal charge. However, not allowing access to a child, hiding a child, or taking them out of the state / country outside a parent’s court ordered time, will result in that parent being charged with Violating a Custody Order. Smaller Violations of a Custody Order can be handled by your family law attorney, or by agreeing with the offended parent to trade future time. The attorneys at the O’Malley Law Office want to help you with any criminal charges you face if you Violate a Parental Responsibilities Order. Otherwise, call your family law lawyer to help you understand the consequences of violating the court’s orders concerning visitation.