How Domestic Violence Affects Child Custody in Colorado

Learn how judges in Colorado deal with claims of domestic violence in custody cases—and the restrictions they might place on an abuser's parenting time with a child.

By , Attorney · University of Maryland School of Law
Updated by E.A. Gjelten, Legal Editor

Domestic violence can have a profound effect on the entire family, even if it only involves the parents. When it leads to the end of a marriage, domestic violence can affect the divorce proceedings. It can also have an impact on a judge's decision about custody of any minor children in the family. This article explains how Colorado law deals with the issue of domestic violence and child custody.

The Complexities of Domestic Violence

Under Colorado's criminal law, domestic violence includes violence and threats of violence against anyone who is or has been in an intimate relationship with the abuser—including spouses, unmarried couples, or co-parents. Domestic violence also includes other crimes (including crimes against animals or property) that are used as ways to intimidate, control, or punish an intimate other. (Colo. Rev. Stat. § 18-6-800.3 (2025).)

The definition of domestic violence is even broader in the context of Colorado's child custody laws. In addition to violence and threats of violence, it includes any action or threatened action that's used as a way to control, intimidate, or punish someone who is or has been in an intimate relationship with the abuser. This can include behaviors such as:

  • isolating the victim from other family members and friends
  • monitoring or surveilling the victim's movements, activities, finances, and access to services
  • frequent verbal abuse (like name-calling and demeaning the victim)
  • threatening to harm the victim or the victim's relative, pet, or property
  • threatening to commit suicide as a way to punish or control the victim
  • threatening to publish or post sexually explicit photos or other sensitive personal information, or
  • making threats related to the victim's immigration status.

(Colo. Rev. Stat. § 14-10-124(1.3) (2025).)

The Role of Domestic Violence in Custody Decisions

If you and your co-parent can't work out a custody agreement (often called a parenting plan) when you're divorcing, a judge will decide:

  • how much time your child should spend with each of you ("parenting time" or physical custody), and
  • how you'll share or split decision-making responsibilities (legal custody).

Under Colorado's child custody laws, judges must consider a long list of factors when making these decisions. Those factors include any report of domestic violence in the family that's been submitted by a court-appointed custody evaluator, child and family investigator, or legal representative for the child. The judge may also consider testimony about domestic violence from other witnesses, including the parents, therapists, and school personnel.

The fact that a parent has been guilty of domestic violence doesn't necessarily mean a judge will completely cut off that parent's contact with the child. In most circumstances, Colorado's lawmakers have decided that it's in children's best interests to have frequent and continuing contact with both parents. At the same time, they recognize that co-parenting isn't always appropriate.

(Colo. Rev. Stat. § 14-20-124(1.5) (2025).)

Requirements in Custody Cases Involving Domestic Violence

To balance the requirements of the child's safety and the importance of having a relationship with both parents, Colorado law sets out specific requirements when the evidence supports claims of domestic violence or child abuse (or neglect) in custody cases. Among other things, the judge must:

  • prioritize the safety and well-being of both the child and the abused parent
  • not give both parents mutual decision-making responsibility over the objection of the abused parent (or the child's lawyer), unless there's credible evidence that the parents can safely cooperate when making decisions in the child's best interests, and
  • consider setting conditions on parenting time (more below on those conditions).

(Colo. Rev. Stat. § 14-20-124(4) (2025).)

Parenting Time Conditions in Domestic Violence Cases

In cases involving proven claims of domestic violence or child abuse, judges must consider whether to impose conditions on parenting time that will protect the child, the abused parent, or any other family or household member. Potential conditions include:

  • restrictions on communications between the parents
  • a requirement that the parents exchange the child in a protected setting
  • a restriction on overnight parenting time for the abuser
  • a requirement that the abuser abstain from using or having alcohol or drugs during parenting time or the previous 24 hours
  • a requirement that the abuser's parenting time be supervised, usually by a professional or other third party who can observe and protect the child's well-being.

(Colo. Rev. Stat. § 14-20-124(4) (2025).)

Domestic Violence Resources in Colorado

If you're a victim of domestic violence, you can request a protection order to help keep you safe by limiting your abuser's contact with you and prohibiting your abuser from doing anything harmful to you, like harassing, stalking, or assaulting you. You can find the forms and instructions on the Colorado Courts' Protection Orders page. Colorado Law Help also provides kits and step-by-step instructions for protective orders.

Colorado has several organizations that provide services for domestic violence survivors. You can find local resources by using Violence Free Colorado's search tool.

When you're in a custody dispute that involves claims of domestic violence or child abuse, you should at least speak with a lawyer if at all possible. An experienced family law attorney can help you gather and present the evidence you'll need to prove (or disprove) those claims—and to make sure that the judge's custody orders will best protect the safety and welfare of your child. If you can't afford to hire a lawyer, you can find a list of organizations in Colorado that provide free or low-cost legal services to abuse victims at WomensLaw.org.

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