Child Custody Modification Waiting

Summary

The user is waiting for a judges decision on a child custody modification in Colorado. The user is concerned about returning their child to the residential parent due to an unhealthy living environment. The user has documented evidence of the childs distress and unhealthy living conditions, but is unsure how to proceed with the court. The user has also reported the conditions to Child Protective Services and is considering filing for an emergency custody order. The user has been in therapy for mental health concerns raised in a previous Parental Responsibility Evaluators assessment.

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We are waiting for a judge to make a decision in regard to a parenting modification. Do I have to return my child to her residential parent before the decision is made?

What state are you currently residing in, ****? This will help me provide you with the most accurate information.

Colorado

What is the current custody agreement in place? In general, until a new order is issued, the existing order remains in effect in Colorado.

The father is the residential parent (he resides in Reno)

What is the nature of the modification you're seeking in the parenting agreement?

In general, until a new order is issued, the existing order remains in effect in Colorado.

For the child to reside with me in Colorado as primary residence. I also believe that the child will be returning to an unhealthy home environment in Reno. I found out after our court hearing that the child lives in a bed bug infested room and suffers emotional abuse at the hand of her stepmother

Have you reported these conditions to Child Protective Services in Reno? In Colorado, if you believe a child is in immediate danger, you can request an emergency hearing for a temporary custody order.

No. Should I?

Yes, you should report any suspected child abuse or neglect to Child Protective Services. It's crucial for the child's safety and can support your case.

The child is currently here with me in Colorado and supposed to return next week. We still haven't heard from the judge even though the hearing was at the beginning of June. I do have to return her to her father?

Have you considered filing for an emergency custody order in Colorado due to the child's unsafe living conditions in Reno?

I don't know that I have enough evidence to justify that and the reason he has custody is because he claimed alienation when I repoorted him for abuse

What kind of evidence do you currently have to support your claims of an unhealthy environment and abuse?

Just the word of my 18 year old (who moved out of his house on the daay she turned *) and pictures of the scars the bed bugs left on my 14 year old

Have you consulted with a local attorney in Colorado about your situation? They can guide you on how to use your current evidence effectively.

I can't afford an attorney and since he used the legal center, they can't represent me

What legal center did he use? In Colorado, there are legal aid services available for those who can't afford an attorney.

The Larimer County legal services

What is the current status of your case with Larimer County legal services?

They can't represent me because they were his attorney

What is the reason they gave for not being able to represent you?

They said it would be a conflict of interest

What steps have you taken since Larimer County legal services declined to represent you due to conflict of interest?

I filed for the modification on my own

What is the status of the modification you filed? Have you received any response from the court?

I have not received any response from the court since our hearing on June 7th. (the judge said she would take * weeks before making a decision and we still have not heard from her)

Have you tried contacting the court for an update on your case?

I called for an update and have not received any news

What is the name of the court where your case is being heard?

Larimer County District Court

What is the case number for your modification request at the Larimer County District Court?

2011DR1382

What is the current visitation schedule as per the existing order?

Father (in Reno) is the residential parent. I am to have summer and holiday breaks

What is the duration of the summer and holiday breaks as per the existing order?

I am to have the summer minus the last week before school and all holiday breaks in the school calendar year (he has never adhered to either of these and until I picked her up this summer, I hadn't seen my daughter in almost a year). He is also supposed to pay for *% travel expenses, but never has paid for any until this upcoming trip

What steps have you taken to enforce the existing order regarding visitation and travel expenses?

I stopped filing for contempt because nothing ever came of it and no enforcement happened since he resides in a different state

What steps have you taken to document the violations of the existing order regarding visitation and travel expenses?

We only communicate through Talking Parents and I have all of our conversations in regard to the violations

What is the nature of the violations you have documented in your conversations on Talking Parents?

Him refusing parenting time and claiming he doesn't have to pay for travel

What steps have you taken to enforce the existing order regarding him refusing parenting time and not paying for travel?

I have tried filing contempt in the past, but it only made the children's liiving situation worse and no enforcement happened

What steps have you taken to document the unhealthy living conditions and emotional abuse your child is experiencing in Reno?

I have pictures of my child's scars and the letter my older daughter wrote; also the text responses from their stepmother to my daughter about the bed bugs

What actions have the children's stepmother taken in response to the bed bug infestation?

None. She told my daughter it was too expensive to fix and none of her business what they did in the house

What steps have you taken to report the bed bug infestation and the stepmother's response to the relevant authorities?

None yet. But I think my daughter reported them

To which authority did your daughter report the bed bug infestation and the stepmother's response?

Child protective Services I think

Which state's Child Protective Services did your daughter report to - Nevada (where the father resides) or Colorado (where you reside)?

Nevada

What was the outcome of the report your daughter made to Nevada's Child Protective Services?

Nothing. They did not even investigate

What was the reason given by Nevada's Child Protective Services for not investigating the report?

I don't know

What steps have you taken since Nevada's Child Protective Services did not investigate the report?

None. I don't know how to proceed

What is the current living condition of your child in your home in Colorado?

Clean. When she's here, she has her own room (no bugs!!), resides in the house with her * younger biological siblings, * step siblings, and stepfather

What steps have you taken to ensure your child's emotional well-being while she is with you in Colorado?

I have her with an online therapist and have tried to make her life here as normal as possible

What is the name and contact details of the online therapist your child is seeing? This could be useful in providing evidence of emotional distress.

I don't know the therapist's name, but it's through Better.com

Can you provide any documentation or reports from the online therapy sessions that might support your claim of emotional distress for your child?

Not without getting in trouble. The current court order does not allow me to legally have her in therapy without father's permission

Not without getting in trouble. The current court order does not allow me to legally have her in therapy without father's permission and he does not believe in therapy

What steps have you taken to request the court's permission for your child to receive therapy?

I asked for it as part of the modificaation I filed

What was the response from the court regarding your request for therapy as part of the modification you filed?

We have had no response yet from the court

What is the contact information of the Larimer County District Court where your case is being heard?

Their address is * Laporte Ave Fort Collins CO *; and their phone number is *-*-*

What is the name of the judge presiding over your case?

Kandace Majoros

What is the current status of your child's health and well-being while staying with you in Colorado?

She was thriving and doing well until this week when she learned she has to go back

What is the reason for her distress about going back?

She knows she will be returning to a bug infested room and neglectful parents

What steps have you taken to document your child's distress about returning to her father's home?

I've written down our conversations

What steps have you taken to report your child's distress and the unhealthy living conditions to the court?

None. I don't know how without appearing liike an alienating parent

What steps have you taken to ensure your child's safety upon her return to her father's home?

I have packed a plastic cover for her mattress, set her up with a debit card so she can buy food and hygiene essentials, and given her an emergency contact phone

What steps have you taken to inform the court about the unhealthy living conditions and emotional abuse your child is experiencing at her father's home in Reno?

None. I don't know what steps to take with the court

What evidence do you have to support your claim about the unhealthy living conditions and emotional abuse at the father's home?

None other than the word of her and her sister and photos of the scars from the bed bugs

What steps have you taken to submit this evidence to the court? In Colorado, evidence of child abuse or neglect can be crucial in custody cases.

None. The last time I showed evidence of abuse, the judge awarded him full custody

What was the nature of the evidence you presented last time and why do you think it resulted in him being awarded full custody?

Several CPS reports of abuse and neglect and photos taken by CPS. He was awarded full custody because the PRE in the case claimed I made it all up and co-erced the children. The father is a very good manipulator

What is the PRE in your case?

PRE was the Parental Responsibility Evaluator

What was the outcome of the Parental Responsibility Evaluator's assessment?

That I alienated the father from the children and made up the accusations (contrary to the CPS evidence at the time); they agreed that the father was a narcissist, but that my mental health was more detrimental to the children than his

What steps have you taken to address the concerns raised about your mental health in the Parental Responsibility Evaluator's assessment?

I have been in therapy for the last 10 years

What steps have you taken to provide evidence of your ongoing therapy and mental health improvement to the court?

I provided the court with letters in regard to treatment from my therapist. The judge at that time deemed me rehabilitated and a fit parent, but granted the father the right to move out of state with the children

What steps have you taken since the judge deemed you rehabilitated and a fit parent, but allowed the father to move out of state with the children?

I filed a motion to modify and have the child relocated to my home in CO in June

What is the current status of the motion you filed to have the child relocated to your home in Colorado?

The current status is that we are waiting for Judge Majoros to make a decision

What is the contact information of Judge Majoros?

*-*-*

What is the timeline for the judge to make a decision on your case?

In general, the timeline for a decision can vary depending on the complexity of the case and the court's schedule. It's important to keep in contact with the court for updates.

At the end of the hearing in June, she stated that she would need * weeks to make a decision and we haven't heard anything since

Have you tried reaching out to the court clerk or Judge Majoros's office for an update on your case?

Yes

What was the response when you reached out to the court clerk or Judge Majoros's office for an update on your case?

No response. I left a voicemail

What is the date you are supposed to return your child to her father?

This Friday

This Friday, Aug *

What steps have you taken to inform the court about your concerns regarding returning your child to her father this Friday, given the pending decision on the modification request?

None. I don't know how to do that without appearing hostile

What is the name and contact details of the Child Protective Services in Nevada where your daughter reported the bed bug infestation and stepmother's response?

I don't know

What is the current status of your child's health and well-being while staying with you in Colorado?

She is having anxiety attacks since learning she has to go back. Until this week, she was adjusting and happy

What steps have you taken to address your child's anxiety attacks? It might be beneficial to consult a mental health professional.

We talk through them and I try to reassure her as best I can.

What steps have you taken to document your child's anxiety attacks and the impact it has on her well-being?

I write down when they occur and what she is feeling

What is the frequency of these anxiety attacks and how severe are they?

Since Sunday (when she learned she has to return) she has had at least * everyday; they are getting more severe (vomiting, can't breathe, uncontrolled sobbing) as the days go by

Have you considered seeking immediate medical attention for your child's severe anxiety attacks?

I can't without the father's permission

Have we been disconnected?

I don't understand

What is the current custody agreement in place?

All medical decisions are supposed to be made jointly

All decisions, medical, etc are supposed to be made jointly

Have you tried reaching out to the father to discuss your child's severe anxiety attacks and the need for immediate medical attention?

Yes. He told me it was proof that I'm trying "to turn her" against him and that he would file parental kidnapping if I don't return her immediately

What steps have you taken to document this conversation with the father about your child's severe anxiety attacks and his response?

It is all in the Talking Parents app

What is the Talking Parents app and how does it work?

Talking Parents is an app that time stamps all conversations and doesn't allow for either party to delete or edit things once they have been sent. It holds both parents accountable. We do not communicate through anything else

What is the nature of the messages exchanged on the Talking Parents app regarding your child's severe anxiety attacks and the father's response?

He doesn't believe that they are real and it is just me trying to alienate him

Have you considered reporting your child's severe anxiety attacks and the father's response to Child Protective Services?

Yes. But I'm afraid to because he has used me doing so against me in the past and my children are the ones who ultimately pay the price

What steps have you taken to ensure your child's safety and well-being upon her return to her father's home?

Other than what I have already told you? Nothing

What is the contact information for Child Protective Services in Nevada where you can report your child's severe anxiety attacks and the father's response?

*-*-*

Have you considered filing an emergency custody order in Colorado due to the child's severe anxiety attacks and the unsafe living conditions in Reno?

Last time I filed an emergency injunction, the judge restricted MY parenting time

What was the reason given by the judge for restricting your parenting time when you filed an emergency injunction last time?

Same as the answers I gave above - I was coercing the children

What evidence was presented to support the claim that you were coercing the children?

The PRE repoort

The PRE report

Same as above- the PRE report

The PRE report

The PRE report stating I was mentally unwell

What steps have you taken to address the concerns raised in the PRE report about your mental health?

Same as above

I have been in therapy for 10 years

What advise can you give me?

Child Custody Modification Waiting

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