Custody

If the judge believes that the other parent committed child abuse or neglect, that parent will not get mutual decision-making powers. If the judge believes that other parent has committed domestic violence, including a single act of domestic violence, a pattern of domestic violence, or a history of domestic violence, that parent will not get mutual decision-making powers. The only exception would be if the judge believes that the parties are able to make decisions cooperatively in the best interest of the child in a way that is safe for the abused parent and the child.¹ If the other parent committed an act of sexual assault that resulted in the conception of the child, see If my child was conceived due to a sexual assault, can the offender get parenting responsibilities? for more information.

The judge’s primary concern should be the safety and well-being of the child and the abused parent, including their physical, mental, and emotional condition and needs.² If the judge orders parenting time, the judge include any of the following conditions when creating, or approving, a parenting plan:

• an order limiting contact between the parties and allowing only contact that the judge believes is safe and minimizes unnecessary communication between the parents;
• ordering supervised parenting time or exchange of the child in a protected setting;
• an order restricting overnight parenting time;
• an order that the abuser cannot possess or drink alcohol or take controlled substances (drugs) during parenting time or for twenty-four hours prior to the beginning of his/her parenting time;
• an order directing that the address of the child or of any party remain confidential;
• any other condition that the judge believes is necessary to protect the child, the abused parent, or any other family or household member; and
• an order that requires child support payments to be made through the child support registry to avoid the need for any related contact between the parties.³

The judge can also order an evaluation to determine if the abuser should participate in a domestic violence treatment program and can require a report from the treatment provider regarding his/her progress. At any time, the judge can then order a new evaluation to determine whether additional treatment is necessary.⁴

Note: Even if the parent is no longer abusing you but you believe there is domestic violence occurring in that parent’s home with his/her new intimate partner, this can be something that you may want to raise in court. The Colorado Legislature declared that a child has the right to be emotionally, mentally, and physically safe when in the care of either parent and has the right to live in and visit homes that are free of domestic violence and child abuse or neglect.⁵

¹ C.R.S. § 14-10-124(4)(a)(I), (4)(a)(II)
² C.R.S. § 14-10-124(4)(d)
³ C.R.S. § 14-10-124(4)(e)
⁴ C.R.S. § 14-10-124(4)(f)
⁵ C.R.S. § 14-10-123.4(1)(b), (1)(c)