How Domestic Violence Can Affect Parental Rights

Courts take allegations of domestic violence very seriously, and such allegations can significantly affect your parenting rights and custody of your children.

If you have been accused of domestic violence, have accepted a plea deal, or are considering doing so, you may wonder how this could affect your divorce and custody arrangements.

This article outlines the two ways domestic violence charges or convictions can affect divorces that involve children.

Individuals facing domestic violence charges or a conviction may experience significant alterations to their divorce proceedings, particularly as it concerns joint decision-making and parenting time.

Joint Decision-Making

Colorado law gives guidance to the court regarding joint decision-making. Essentially, if someone has been convicted of domestic violence, joint decision-making is generally not considered appropriate.

However, the analysis goes a step further than automatically disqualifying someone from joint decision-making. If the court finds credible evidence that both parties can still make joint decisions in the best interests of the child without compromising the alleged victim's safety, joint decision-making may still be an option.

Typically, the courts only grant sole decision-making to one party after a domestic violence charge in the most severe cases, or if there is a long-standing history of domestic violence between the parties.

Parenting Time

Parenting time is the other factor that can become compromised after a domestic violence incident. Initially, you may find yourself in a situation where you are limited to supervised parenting time to ensure the safety of the children and the other parent.

However, this is not always the case.

If you have never been charged with any form of child abuse or related offenses, and the children were never witnesses to any incidents, there's a chance your parenting time will remain unaffected.

For the most part, Colorado is a 50/50 parenting state. Thus, the court must demonstrate valid reasons for restricting your parenting time.

If you have been charged with, convicted, or accused of domestic violence, it's advisable to seek legal representation. An experienced family law attorney can help you retain joint decision-making and parenting time. Call 303-688-0944 to book your consultation.