How Domestic Violence Affects Child Custody Decisions in Colorado
The decision to leave a relationship with intimate partner violence is huge and personal. You may know that you need to get out for the safety of yourself and your kids, but it is often a heavy burden to wonder how domestic violence affects child custody decisions in Colorado. Your abuse may have threatened you with taking custody of your children, or you may be concerned that the courts will side with them while you try to get your life back together.
At Danielsen Westhoff, our Broomfield child custody lawyers understand that domestic violence can make an already stressful process significantly scarier, and we are ready to help you navigate it while keeping safety the central focus.
Identifying Domestic Violence in Custody Cases
Intimate partner violence can take many forms. It is vital to accurately identify abusers and their behavior to ensure you advocate for a comprehensive custody order that truly considers your child’s best interests. In the context of a romantic, sexual, or cohabitating relationship, domestic violence may include:
- Physical attacks such as hitting, kicking, slapping, biting, or assaulting with a weapon
- Sexual assault, which includes any kind of sexual contact without explicit consent, including acts through coercion or distress
- Strangulation
- Threats to physically harm the individual or someone they love
- Forced isolation or controlling who you are able to contact or see
- Economic isolation or controlling your finances and resources, including preventing you from getting a job
You do not have to experience abuse that looks ‘typical’ for it to qualify as domestic violence. Additionally, if many of these behaviors occurred in front of your children, it may qualify as child abuse, which may significantly affect your custody case.
Factors that Domestic Violence May Impact in Child Custody Orders
Determining child custody agreements is not always simple. While general research shows that children experience the best long-term outcomes when they maintain a relationship with both parents, that is when it is safe to do so. Depending on the specifics of the abuse, you may see several variations of custody after a divorce in Broomfield, Colorado.
Parenting Time Restrictions
Without evidence of the abuse, the child’s other parent may receive a more ‘typical’ amount of parenting time that allows for weekly overnight visits. However, if the judge doubts the parent’s ability to provide a safe environment for your child, they may order limited or supervised visits. They may also require the parent to undergo evaluations, counseling, or meet other criteria before they gain access to your child.
Legal Custody
If you are unable to successfully coparent because of your abuser’s behavior, the judge may award you sole legal custody. This allows you to make the final decision on all medical, spiritual, educational, and residential decisions without consulting the other parent.
Termination of Parental Rights
In cases of severe abuse, particularly toward the child, the judge may determine it appropriate to terminate the parental rights of the other parent. This is not a common option, and typically requires them to demonstrate multiple and significant failures as a parent, and show that they are a threat to the child. However, it can happen.
If you have concerns regarding your custody agreement after leaving domestic violence, you need the support of an experienced Broomfield family law lawyer to help you protect yourself and your children.