HB 26-1309

House Bill 26-1309, titled "Abuse in Cases of Separation," changes how Colorado courts handle parental responsibilities during divorce or separation cases when there's a history of domestic violence. The bill requires judges to first determine if either parent has committed domestic violence before deciding on custody and visitation rights based on what's best for the child. If domestic violence is confirmed, it becomes less likely that the abusive parent will be granted significant parental responsibilities. Additionally, the bill mandates specific treatment requirements for accused abusers, including specialized therapy and a 52-week intervention program. This bill has been signed into law, meaning its provisions are now part of Colorado's legal framework and affect all families involved in separation or divorce proceedings where domestic violence is an issue.

Official Summary

The act clarifies that, for the purposes of the 'Uniform Dissolution of Marriage Act', domestic violence includes specified acts or threatened acts of harm or property damage against a family or household member; and clarifies that the conduct in the definition of domestic violence is domestic violence regardless of whether it constitutes a criminal offense. A person's protective behaviors do not constitute domestic violence.     For purposes of determining the allocation of parental responsibilities based on the best interests of the child, the act requires that for any evidence submitted to the court concerning whether a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the court may consider any relevant and admissible evidence, and the court shall make findings on the record by a preponderance of the evidence whether the party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child.     If the court determines by a preponderance of the evidence that a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the act outlines the considerations that the court must undertake when determining decision-making responsibility and parenting time.     Under current law, prior to a court ordering a party accused of domestic violence or child abuse to take steps to improve a relationship with a protected party, a mental health professional who is approved by the domestic violence offender management board must verify the accused party's behavior. Instead, the act requires that the accused party participate in treatment with a mental health professional who holds a master's or doctoral degree and a mental health professional license and has specialized training and expertise in treating survivors and perpetrators of domestic violence and child abuse and the effects of domestic violence and child abuse.(Note: This summary applies to this bill as enacted.)

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