Domestic Violence

“Custody” and Domestic Violence

For years in Colorado, domestic violence was not considered relevant to parenting time and decision making awards.

Colorado Judges routinely concluded that violence toward the other parent had nothing to do with one’s ability to be a good parent. Apparently, judges did not believe that domestic or sexual abuse by one parent on the other had a fundamental impact on the wellbeing of children.

Today, we know better. When considering the impact domestic violence has on kids, courts are presented with many questions. These include:

Can a person be a good parent if he causes fear in his children for themselves and fear for their mother?
Can a violent parent who engages in criminal behavior be a good parent?
Can a person be a good parent if he blames the other parent or the children?
Can a person who jeopardizes the health and well-being of his children and their mother be a good parent?

A good lawyer can get these considerations in front of a judge and help a divorce court reach the right decision on an allocation of parenting time, if any, for the abusive spouse. (See Supervised Parenting Time).

Another practical consideration for divorce courts in cases involving domestic violence is that ordering mediation can force an abused spouse to sit in the same room with an abuser.

Most Colorado family law courts will, when domestic violence is an issue, order any negotiations between the parents be conducted through third-party mediators instead of in face-to-face sessions.