Bill > HB1309

This bill mandates that before a court decides on parental responsibilities, such as parenting time and decision-making authority, it must first determine if either parent has committed domestic violence, using a "preponderance of the evidence" standard, meaning it's more likely than not that domestic violence occurred. If domestic violence is found, there's a presumption that awarding parental responsibilities to that parent is not in the child's best interest. The bill also expands the definition of domestic violence to include "coercive control" (a pattern of behavior to harm, punish, or frighten someone, stripping away their liberty and sense of self), health-related abuse, technological abuse, and human trafficking, while clarifying that self-defense is not considered domestic violence. Furthermore, if a parent found to have committed domestic violence is still awarded parental responsibilities, the court must provide specific written findings explaining why this is in the child's best interest and impose conditions to ensure the safety of the child and the other parent. The bill also changes requirements for individuals accused of domestic violence or child abuse who are ordered to participate in therapeutic treatment, requiring them to engage with a licensed mental health professional with specialized training in domestic violence and complete a 52-week abuser intervention program, rather than simply being verified by a board-approved professional. These changes aim to prioritize safety in family court proceedings, especially during separations, given the documented increase in domestic violence fatalities linked to child custody disputes.

Budget and Finance, Justice

https://leg.colorado.gov/bills/HB26-1309