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

Under current law, the court is required to determine the allocation of parental responsibilities, including parenting time and decision-making responsibilities, based on the best interests of the child.      The bill requires that prior to allocating parental responsibilities and prior to considering the best interests of the child factors, the court shall determine whether a party has committed domestic violence. If the court determines by a preponderance of the evidence that a party has committed domestic violence, there is a presumption that it is not in the best interests of the child to allocate parental responsibilities to that parent.      The bill requires the court to make specific written findings and require conditions if the court awards parental responsibilities to a party found to have committed domestic violence. The bill states 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 a party is found by a preponderance of the evidence to have committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the bill 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 bill requires that the accused party participate in individual therapeutic treatment with a mental health professional who holds a master's or doctoral degree and a certain mental health license type and has specialized training and expertise in treating survivors of domestic violence and its effects. and has completed a 52-week domestic violence abuser intervention program.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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