How Domestic Violence Can Affect Parental Rights

Domestic violence and custody matters are the highest priority for Colorado family courts and are taken seriously by court officials. Divorce due to domestic violence (DV) can present significant challenges to your parental rights—challenges that can be difficult to correct without the right legal support and guidance..

At Robinson & Henry, we recognize that allegations of domestic abuse and divorce proceedings are extremely distressing and, if not handled properly, can irreparably damage your connection with your kids. 

Domestic Violence and complicating your divorce or custody case, and potential child custody arrangements. Despite popular belief, a domestic violence incident doesn’t always automatically lead to a revocation of your parental rights in Colorado. This legal guide offers clear, empathetic guidance so that you understand your rights and the legal approaches available to you.

To understand its impact,  we must explore the definition of domestic violence in Colorado and how it applies to divorce and custody cases.

Under C.R.S. 18-6-800.3, domestic violence is defined broadly as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” This definition isn’t limited to physical violence; it encompasses a range of non-physical abuse: 

• Physical violence

• Threats of violence

• Harassment

• Stalking

• Coercion

• Intimidation

• Acts of revenge

• Emotional manipulation 

• Economic abuse 

• Psychological tactics 

A significant aspect of non-physical abuse is coercive control, which, according to C.R.S. 14-10-127.5, involves a pattern of threatening, humiliating, or intimidating actions that strip away an individual’s sovereignty or free will. Coercive control can be insidious, eroding a victim’s autonomy and well-being without leaving physical marks, which emotional abuse laws in Colorado account for. 

Domestic Violence is Not a Standalone Crime

Importantly, domestic abuse laws in Colorado do not treat domestic violence as a standalone crime. Instead, DV is a designation that can be applied to other criminal acts when the statutory elements are met. 

A finding of domestic violence in Colorado triggers significant legal repercussions. Under C.R.S. 18-6-801, you may be subject to enhanced sentencing requirements, such as:

• completion of a mandatory treatment program

• supervised surrender of firearms

• criminal protection orders

• jail or prison time

• designation as “habitual domestic violence offender” 

Where domestic violence and parental rights intersect is a complex and highly sensitive area of family law, especially as it applies to divorce. Domestic abuse allegations can make child custody disputes more contentious, and evidence of DV can heavily influence decisions regarding parental decision-making, parenting time, property division, and spousal support. 

For instance, Colorado law gives paramount consideration to the best interests of the child. Under C.R.S. 14-10-124, courts are required to consider any relevant factors when making decisions about child custody and parenting time based on what’s in the child’s best interest. This standard includes evaluating the child’s physical, mental, and emotional safety. 

When there is credible evidence of domestic violence, the law creates a legal presumption that it is not in the child’s best interests to be in the care of an abusive parent during divorce. Though this presumption is rebuttable, Domestic violence findings can significantly restrict a parent’s rights to:

• sole decision-making authority

• unsupervised parenting time

• how and when you spend quality time with your child.

In a divorce due to domestic violence, the court’s decisions regarding joint decision-making responsibilities and parenting time will be determined by the severity of the incident and how recently it occurred. 

In Colorado, a conviction for domestic violence can profoundly impact your eligibility for joint decision-making, where both parents have a say in formative aspects of their child’s upbringing.  In cases where there’s a credible pattern of physical or verbal abuse, joint decision-making is generally not considered appropriate. 

Even if a child wasn’t physically harmed in an altercation, exposure to domestic violence can cause children significant emotional and psychological trauma. Colorado law guides the court regarding joint decision-making. Thus, a judge’s decision to revoke the joint decision-making rights would make sense to prevent further emotional harm and promote stability at home if necessary.  

Persuading the Court

A family law attorney is your best ally for parents who have been accused of abuse. The burden is on the accused parent to prove that placing the child with them would still be safe. Suppose there is credible evidence to suggest both parties can still decide together what’s best for their child without compromising the alleged victim’s safety. In that case, joint decision-making may still be an option. 

Typically, courts will 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. In my experience, judges and evaluators often consider complex family dynamics when making custody decisions in Colorado in various counties.  

Initially, a parent facing such allegations might find themselves limited to supervised parenting time, which is implemented to ensure the safety of the children and the other parent. If there is a domestic violence incident involving the children that is going to have a continuing impact on that child, the court is more likely to order supervised parenting time. 

However, supervised parenting time is not a guaranteed outcome. If a parent has never been charged with any form of child abuse or related offenses, and the children were never witnesses to any incidents, there is a chance that parenting time may remain unaffected. 

The court must demonstrate valid reasons for restricting parenting time, such as:

• history of physical or verbal abuse

• substance abuse

• child abuse/neglect

• failure to cooperate with the co-parent

Even with this general approach, courts can and will restrict a parent’s time with their child for specific reasons. In 2024, Colorado lawmakers passed HB 24-1188 — a resolution giving children the right to refuse visitation with a parent who has been deemed abusive without that parent being able to blame the other parent for the child’s decision. 

Make no mistake: A domestic violence allegation, whether true or false, can be devastating for a parent’s relationship with their child. In such cases, a proper defense is the only way to protect your parental rights and reputation from further harm. 

Protecting your reputation, relationship with your children, and parental rights from the consequences of a false domestic abuse accusation necessitates an experienced family law attorney’s strategic and comprehensive approach. 

Your defense should focus on challenging the credibility of the accusations and demonstrating that a custody arrangement with your ex serves the child’s best interests. Here are the strategies I’d use as your family law attorney to fight a false domestic violence accusation: 

The first step in a robust defense is to gather and present evidence that directly disputes the allegations. This can include various forms of documentation and testimony designed to contradict the claims made by the accuser, including: 

• Witness testimony - Credible witnesses who can speak to the truth of the situation or provide an alibi can be crucial. 

• Expert opinions - Experts might be able to provide context or challenge the accuser’s claims, especially in complex psychological or behavioral aspects. 

• Documentation - This might involve emails, texts, financial records, or other official documents that contradict the accuser’s narrative. 

By casting doubt on your ex’s version of events, our Family Law Team can undermine your ex’s entire case.

Since Colorado law prioritizes the child’s safety and well-being in custody determinations, our strategy will emphasize all statutory requirements that courts consider. In other words, we can help you demonstrate to the court that you are a safe and capable parent who does not pose a threat to your child’s well-being. 

• Physical and emotional health - The physical and emotional health of all individuals involved, including both parents and the child, is an important consideration. Demonstrating a client’s stability and capacity for healthy parenting is key. 

• Ability to foster positive relationships - The court will evaluate each parent’s ability to encourage a positive relationship between the child and the other parent. Highlighting the client’s efforts to promote this relationship, despite the accusations, can be highly effective. 

• Protective actions - It’s important to show that protective actions taken by a parent to shield a child from harm should not be held against them in custody determinations. 

Courts are aware that adults have the potential to manipulate a child’s perception of events. An attorney can highlight any evidence of bias or undue influence on the child to show that the child’s testimony or statements might not be genuinely their own. This could involve:

• Evidence of coaching - Presenting evidence that the child has been coached or influenced by the accuser.

• Post-separation abuse - Demonstrating a pattern of behavior by one parent designed to interfere with the other parent’s relationship and parenting time with the child.

Third-party professionals involved in child custody cases play a critical role in providing assessments. Often appointed by a judge, Child and Family Investigators (CFIs) and other professionals are supposed to be objective. 

• Comprehensive reporting - These professionals are legally required to include all relevant information about domestic violence and child abuse in their reports.

• Impartial assessments - CFIs recommendations should not be swayed by personal feelings, preconceived notions, or prior connections to one of the parties. 

Recent legal updates, like HB24-1350, now require CFIs and other professionals to complete mandatory domestic violence and trauma-informed training before they can begin work on a case. 

Additionally, the influence of C.R.S. 14-10-127.5, otherwise known as Kayden’s Law, emphasizes the prioritization of child safety and the qualifications of experts involved in these sensitive cases. We will monitor their work to ensure they’re adhering to the highest ethical standards.

While domestic violence and divorce proceedings are challenging, particularly when children are involved, an allegation or conviction doesn’t automatically equal the loss of your parental rights. Our experienced Family Law Team will challenge false claims and ensure your child’s well-being is the priority in any custody decision. Let us develop the tailored strategy you need to protect your family’s future. Call 303-688-0944 or book your consultation online.