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At Colorado Divorce Law Group, we know how important it is to spend time with your children. We also know how critical a safe and supportive environment can be to a child’s development. We have helped countless parents resolve their child custody issues. No matter what your situation is, we look forward to taking your call. Reach out to our office in Littleton today by calling (720) 593-6442 so that we can schedule a consultation.

Does Domestic Violence Affect Child Custody Decisions?

A history of domestic violence on the part of either parent can sometimes affect the outcome of a child custody case. Colorado courts make child custody decisions based on the “best interests of the child” standard, so if there is a concern that one parent may not provide their child or children with a safe environment, then courts may limit parenting time or impose specific rules for supervised visitation. The exact impacts of domestic violence on child custody will depend on factors such as how frequent the abuse was, over what time period, and whether the violence was ever directed at the children themselves. If both parents have a history of abusive behavior, that background may also play a role.

Summary of Domestic Violence and Child Custody

In Colorado, a history of domestic violence can significantly affect child custody determinations because courts must apply the “best interests of the child” standard under Colorado Revised Statutes § 14-10-124, and safety concerns may limit parenting time or decision-making authority.

• Colorado courts evaluate parenting time and decision-making responsibility using statutory factors that include the child’s wishes, each parent’s ability to support the child’s relationship with the other parent, mental and physical health considerations, prior parental involvement patterns, and any credible evidence of domestic violence.
• When a parent has committed domestic violence, courts may restrict shared decision-making unless credible evidence shows the parties can cooperate safely, and special presumptions apply in cases involving conception through sexual assault or findings of child abuse or neglect.
• If a child was conceived through sexual assault, the law creates a rebuttable presumption against awarding sole or shared decision-making to the parent found to have committed the assault, and courts must also account for the safety of the abused parent and the child.

Colorado Divorce Law Group, based in Littleton, Colorado, assists individuals throughout the state with child custody and parenting time matters involving allegations or histories of domestic violence.

What Is the “Best Interest of the Child” Standard?

C.R.S. § 14-10-124(1.5) requires any magistrate or judge deciding a child custody case in Colorado to make their determinations for both parenting time and decision-making responsibility in accordance with the “best interests of the child.” To assist courts in the application of this requirement, the Colorado legislature has enumerated a series of factors the court must consider for parenting time. For decision-making responsibility, courts begin from that established set of factors and add some additional considerations. The use of two “staggered” lists reflects the fact that not all parental obligations rely on the same skills or abilities.

Factors Courts Must Consider in Awarding Parenting Time

In determining how to divide a child’s time between parental households, the court must consider the following:

• Child’s wishes: If the child is old enough (and mature enough) to give a reasoned expression of his or her preferences, the court must take the child’s own wishes into account.
• Parents’ wishes: The parents’ wishes regarding the amount of time each spends with their children can be an especially important factor when it comes to balancing parental work schedules with the children’s school holidays.
• History of domestic violence: Courts must also consider any reported history of domestic violence in the household; (C.R.S. § 14-10-124(1.5)(a)(III.5) supplies a statutory list of sources deemed to be credible.
• Other relationships: In addition to the relationship between a child and each parent, the court must also weigh the child’s relationship(s) with siblings and “any other person,” such as a grandparent, aunt or uncle, or close friend of a parent, who may have a significant effect on the child’s best interests.
• Disruptions to the child’s routine: Courts must take into consideration the child’s adjustment to his or her surroundings; we often see this play out with concerns about moving to a new school district, for example.
• Mental and physical health: Although parents are not to be denied parenting time solely based on a disability, courts do weigh the mental and physical health of “all individuals,” including the child’s mental and physical support needs, as well as the health of each parent.
• Ability to co-parent effectively: One factor Colorado family judges tend to consider quite important, but that divorcing parents can easily overlook, is each parent’s willingness and “ability” to encourage a positive, affectionate relationship between the child and his or her other parent. Judges may want to see that, during their own parenting time, a parent actively supports their children in contacting and connecting with their other parent, rather than putting barriers in the way.
• Established patterns of parental conduct: Colorado family courts are instructed to consider the “past pattern” of the parents’ shared involvement in a child’s life to assess whether that history of interactions demonstrates a shared parental commitment to support and ongoing time investment, shaped by a consistently applied system of values. An attorney with experience in handling child custody cases may be able to explain the features a court might consider in establishing “past patterns” based on the facts of your situation.
• Physical distance: Explicitly for practical reasons, courts also consider the physical distance between parental households.
• Priorities: Last but by no means least, Colorado courts look for evidence that each parent is willing and able to put the needs of their child above their own.

If this list of factors seems intimidating, it is partly because Colorado courts recognize just how difficult and demanding it is to be a parent. Both judges and magistrates generally aim to ensure that children spend time in environments that are not only physically safe but also conducive to their emotional and psychological growth.

Factors Courts Must Consider in Awarding Decision-Making Responsibility

Under C.R.S. § 14-10-124(1.5)(b), Colorado courts begin their assessment of the child’s best interests with the factors they are legally obligated to consider in parenting time decisions, and they add to those factors the following statutorily mandated factors for determining awards of decision-making responsibility:

• Whether the patterns established through the parents’ history of involvement in the child’s upbringing give reason to believe that they would be able to share decision-making responsibility in a way that encourages the development of a “positive and nourishing” relationship between parent and child
• Whether a shared decision-making arrangement will “promote” consistent, frequent contact between the child and each of his or her parents
• Whether and to what extent the history of parental interactions to date provides “credible evidence” of the parents’ ability to cooperate to make mutual decisions in the child’s best interests

Importantly, whenever there is reason to believe that a child may have been conceived as the result of domestic violence, sexual assault, or the neglect or abuse of a child, the court is obligated to extend its consideration beyond these factors to a further set constructed specifically to help protect against continued or repeated instances of domestic violence or other abuse.

Special Child Custody Factors in Cases Where There Is a History of Domestic Violence

When either party is shown to have committed any act of domestic violence, or to have engaged in a pattern of domestic violence (i.e., repeated domestic violence incidents), or to have a personal history of domestic violence, then the court is required not to consider shared parental decision-making to be in the best interests of the child whenever there is an objection by either the child’s other parent or a legal representative appointed for the child except under specific circumstances. These circumstances may be broken down into essentially three components:

1. The court must determine that “credible evidence” shows the parties currently can cooperate effectively in making decisions together in the best interests of their child.
2. The shared decision-making arrangement must be safe for both the abused party and the child.
3. Courts are prohibited from appointing parenting coordinators for the sole purpose of assuming that either or both of the above criteria may be met.

Joint decision-making responsibility is not necessarily an impossible outcome in family dynamics that have been shaped by domestic violence, but it can be significantly harder to achieve than in cases without that complication. Where there is evidence that one parent has abused the other, but not that either parent has abused the child, then shared decision-making may even be more difficult to achieve than shared parenting time responsibilities. An experienced child custody lawyer with Colorado Divorce Law Group may be able to help you weigh your options, whether you are seeking to recover after making mistakes and long for a relationship with your child, or on the other hand, are concerned about the possibility of being forced to continually negotiate consequential decisions for your child’s future with an abusive and potentially violent ex.

Considerations When a Child Has Been Conceived Through an Act of Violence

When a court’s review of the facts finds that a preponderance of the evidence (the standard of proof typically used in civil trials) shows a child to have been conceived through an act of sexual assault against one parent by the child’s other parent, then the law applies a “rebuttable” presumption that it will not be in the child’s best interests for the parent who committed the assault to have sole or shared decision-making “with respect to any issue.” The “rebuttable” qualifier means that the parent who has been found to have committed the assault has an opportunity to present evidence to support a contrary position; it means that the presumption can be overcome, but the burden for overcoming it can be expected to rest with the parent the court has found to have committed assault against the child’s other parent.

Special Considerations in Cases of Child Abuse or Neglect

Whenever either parent has been shown, by a preponderance of the evidence, to have committed any act of child abuse or child neglect, then the court is precluded from awarding mutual decision-making in the presence of an objection from either the other parent of the child or from the child’s own legal representative (i.e., a court-appointed guardian ad litem, sometimes called a GAL).

Domestic Violence Can Complicate a Child Custody Case

Domestic violence can have harmful impacts not only in the moments after a specific instance of abuse, but in the months and years that follow. Particularly where there are patterns of repeated domestic violence, courts may be reluctant to make child custody arrangements that leave a vulnerable child with a parent who may not keep them safe. Courts also have to take into consideration the safety of survivors of domestic violence who have left abusive situations, and victims of sexual assault whose attackers are now the other parent of their child. 

Given all of the complexities involved and the many different shapes a case may take, when your child custody case is complicated by a history of domestic violence, it makes sense to get advice and perspective from an experienced attorney in your area. Call (720) 593-6442 to schedule a consultation with Colorado Divorce Law Group. Our conversation will be completely confidential, so you can feel secure in asking the potentially sensitive questions that may be on your mind.

Common FAQs Regarding the Impacts of Domestic Violence on Custody

Listed below are several helpful frequently asked questions about child custody and domestic abuse in Colorado. 

How Does Domestic Violence Affect Child Custody In Colorado?

Colorado courts evaluate domestic violence as part of the best interests of the child analysis under Colorado law. A documented history of abuse may result in limited parenting time, supervised visitation, or restrictions on shared decision-making authority. The court focuses on the safety and well-being of the child and the abused parent.

What Is The “Best Interests Of The Child” Standard In Colorado?

Under Colorado Revised Statutes § 14-10-124, judges and magistrates must base parenting time and decision-making responsibility on the child’s best interests. The statute outlines specific factors, including the child’s adjustment to home and school, the mental and physical health of all individuals involved, and any credible evidence of domestic violence. Courts weigh these factors to create arrangements that promote stability and safety.

What Factors Do Courts Consider When Determining Parenting Time?

Courts consider the child’s wishes, when appropriate, as well as each parent’s wishes and prior involvement in the child’s life. Judges also evaluate the ability of each parent to encourage a positive relationship between the child and the other parent, the physical distance between households, and the child’s existing relationships with siblings and other significant individuals. Any history of domestic violence plays a central role in the analysis.

How Is Decision-Making Responsibility Different From Parenting Time?

Parenting time addresses where the child lives and how time is divided between households, while decision-making responsibility concerns authority over major issues such as education, medical care, and religious upbringing. Courts begin with the parenting time factors and add statutory considerations related to cooperation and the ability to make joint decisions. Domestic violence allegations may make shared decision-making more difficult to obtain.

Can Shared Decision-Making Be Denied If There Is A History Of Domestic Violence?

Yes. When credible evidence shows that a parent has committed domestic violence, courts may determine that shared decision-making is not in the child’s best interests, especially if the other parent or the child’s legal representative objects. Courts must also find that any shared arrangement would be safe and that the parties can cooperate effectively before approving joint authority.

What Happens If A Child Was Conceived Through Sexual Assault?

If a court finds by a preponderance of the evidence that a child was conceived through sexual assault, the law creates a rebuttable presumption against awarding sole or shared decision-making to the parent found to have committed the assault. This presumption may be challenged, but the burden rests on that parent to present evidence supporting a different outcome. The court’s primary concern remains the safety and well-being of the child and the abused parent.

How Do Findings Of Child Abuse Or Neglect Impact Custody?

When a parent has committed child abuse or neglect, Colorado law limits the court’s ability to award mutual decision-making if the other parent or a guardian ad litem objects. Judges must prioritize the child’s safety and long-term welfare. Such findings can significantly influence both parenting time and decision-making determinations.

How Can Colorado Divorce Law Group Assist With Child Custody Cases Involving Domestic Violence?

Child custody cases involving domestic violence often require careful analysis of statutory factors, evidentiary standards, and safety considerations. Attorneys at Colorado Divorce Law Group could help clarify available legal options, explain how Colorado courts apply the best interests standard, and work to ensure clients understand their rights and potential legal paths. Consider visiting with an experienced attorney at Colorado Divorce Law Group to learn more about your legal options.