HB24-1350 Makes Child Safety a Priority
As we have stressed repeatedly, custody determinations in Colorado ultimately conform to the principle of what is in the best interests of children. There are other interests at play – Colorado recognizes the importance of parents having regular contact with children, and believes firmly that healthy parental contact is integral to child development. But, in the end, custody determinations must be consistent with what is best for the children, not necessarily what is most preferred by parents themselves.
House Bill 24-1350 gives Colorado courts more tools to work with when attempting to make custody related determinations which are truly in the best interests of children. Fundamentally, this new law is all about child safety, and its various provisions all converge toward this central purpose. More specifically, this law is about identifying instances of family violence, the impact of family violence on home dynamics, and making certain that family violence is properly considered when making custody determinations.
Core Changes
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Additional Training Requirements
HB24-1350 imposes additional training requirements upon the professionals who interact with parents and children during custody litigation – that is, upon family investigators and parental responsibility evaluators (PREs). Now, these professionals will have a much deeper understanding of family violence, including how to identify instances of family violence, and how such violence impacts children. This enhanced training will certainly lead to improved custody outcomes and safer environments for children.
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Enhanced Reporting Requirements
This law also imposes enhanced reporting requirements when it comes to any instances of family violence. Now, instances of family violence (including instances of so-called “coercive control” or more subtle forms of abuse) must be properly documented and made available during family law proceedings. This means that judges will have a greater awareness of what is happening during such proceedings and be able to make more well-informed determinations.
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Broadened Definition of Abuse
This law also broadens the definition of abuse to include “coercive control,” which means that investigators and PREs will take note of a wider range of behaviors when compiling information on family violence. This, in turn, will provide judges with more accurate reports and enable judges to ensure safer environments for children.
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Greater Weight Given to Child Opinions
Historically, Colorado has attached weight when children are of sufficient age and maturity to voice an opinion on their custody preferences. Now, this new law will attach even greater weight to children’s opinions in situations involving family violence. The same maturity requirement applies, but once that requirement is met the opinion of children will have greater overall significance and potential impact on determinations.
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Stricter Rules for Unsupervised Time with Children
Supervised parenting time is considered a difficult arrangement in Colorado, as this arrangement imposes burdens on the parent, the supervisor, and the court system to ensure compliance. However, under this new law, supervised parenting time will become more likely in situations involving a history of family violence. This is the case despite the added burdens associated with supervised parenting time. This heightened readiness to require supervised parenting time is ultimately designed to ensure the best interests of the children are met.
Conclusion: HB24-1350 Serves the “Best Interests” of Children
As we can see, HB24-1350 is clearly responsive to the seriousness of family violence and risks such violence creates for children in Colorado. Legislators have made it quite clear that family violence, even in its more subtle forms, will be fully taken into consideration in the custody decision making processes. The additional requirements imposed by HB24-1350 are consistent with the awareness of the potential consequences of family violence on child development and wellbeing, and therefore are also consistent with the best interests of the child principle.
Contact the Drake Law Firm for Additional Resources
To learn more about this recent child safety enhancement, or about how domestic violence can influence custody decisions in Colorado, or custody issues in general, contact one of the family law attorneys at the Drake Law Firm today by calling 720-637-3621.