HOW DOES DOMESTIC VIOLENCE AFFECT CHILD CUSTODY?
In Colorado, family law child custody cases frequently revolve around domestic violence allegations, but it’s not often as straightforward as we believe.
Colorado’s family law courts take domestic violence into account while determining family separation cases involving children. State law statutes shield all children and adults from potential harassment where violence is involved. Colorado state legislation is clear in defining and upholding the idea that children have the right to live in homes free of domestic violence, child exploitation, and neglect. Domestic violence must be taken into account when determining any child custody decisions.
DOMESTIC VIOLENCE IN COLORADO DEFINED
Domestic violence is a pattern of aggressive actions used by one person to assert control over another person in a family, house, or interpersonal relationship. Relationships may encompass a range of types.
People who are married, husbands and mothers, and others who have a child together are also included. In addition to domestic violence, harassment between parents and children and abuse between siblings may also be considered domestic violence. Non-romantic roommates are also protected under domestic violence statutes.
ASPECTS OF DOMESTIC VIOLENCE
Domestic violence encompasses many nonphysical and coercive aspects of harassment, including:
- Physical or verbal harassment such as referring to someone as “little Miss Stupid.”
- Using threats of violence and coercion, including harassment, aimed toward a person’s mental well-being.
- Using put-downs or belittling attitudes to terrorize or demean another person.
- Leveraging economic control over another person or their possessions.
DOMESTIC VIOLENCE AND CHILD CUSTODY CASES
When it comes to negligence, violence, and child exploitation claims, the courts take a very close look. Credible proof is needed to substantiate child exploitation or neglect findings so parties might deliberately falsify evidence to justify their argument.
The criterion for demonstrating domestic violence is “preponderance of the evidence”; where a history of harassment is identified, this quantity of evidence is needed. Medical records, forensic reports, and public agencies are the most important in a court of law because of their importance.
The courts will make the determination where parents cannot come to an understanding about how to handle parental time with their children. Any evidence of domestic violence will be considered, along with abandonment or exploitation of their children or someone else’s children.
Although domestic violence is only one of the considerations the court recognizes, it is far from the only concern. The violent parent may nevertheless be given supervised parental time and parenting duties in Colorado even though they have harmed the child or assaulted the other parent.
The more time the child spends with the offending adult, the higher their risk of domestic violence. For example, a parents’ willingness to make decisions on behalf of their children could be impaired by the domestic violence projected by their spouse. Parents should be making decisions free of outside interference, such as getting harassed or being pressured to do something.
The court may authorize the allocation of joint decision-making where domestic violence has been substantiated and the other party objects. As long as the two parties can consent to collective decisions without the risk of physical confrontations in a location or circumstance that’s not detrimental to the child or the one exposed to violence.
WHAT TO EXPECT IN A CHILD CUSTODY CASE INVOLVING DOMESTIC VIOLENCE
Various programs are available to help ensure your well-being and civil rights if you and your children are domestic violence survivors. This directory of area programs has been rendered accessible through the Colorado Alliance Against Domestic Violence platform.
We feel fortunate to be one of the few child custody attorneys in southern Colorado specializing primarily in family law. When it comes to a child custody dispute, the early phases are complicated. This is especially true for individuals who find themselves unwilling to make the required choices in their child’s best interests.
Our child custody attorney has long been attentive to the family’s stress and expenses the custody case cases cause. We are particularly respectful of the child, whose needs paramount to almost all other issues. We know that child custody cases can be stressful, requiring a lot of time and patience. We go out of our way and make the process as smooth as possible for our clients.
The choice to select an outstanding child custody advocate is critical for advancing the case and an expeditious ending. When clients refer their friends, family, and professional associates to Moran & Associates Family Law, they may comfortably know our firm has a stellar track record. Our Colorado Springs attorneys always hold their clients’ needs front and center by providing outstanding and open child custody representation.
We understand that families facing child custody proceedings can encounter a variety of feelings, some of which may be particularly disturbing. It can be painful to face the risk of losing their children, their savings, and their hard-earned reputations. Our practice is here to assist when you have a child custody dispute or other family law matter.
In a child custody issue, we can guarantee that the process with being followed without undue disruptions, complications, or cost. We achieve this by applying a remarkable aptitude for resolving disputes among parties and a sterling combination of wisdom, honesty, and negotiating acumen that supports their client’s best interests. Moran & Associates Family Law strives to provide the best legal care level while delivering the most cost-effective means of securing a favorable child custody outcome.
TESSA AFFILIATED FAMILY ATTORNEYS
As TESSA certified Colorado Springs attorneys with the expertise to pursue domestic violence litigation in child custody issues, we will aid if you have any concerns in this area.
To effectively protect our clients at Moran & Associates Family Law, we are aware that offenders often employ many nefarious tactics to influence a child custody case. We can expose such manipulation to the court. In situations where a parent has a history of domestic violence, the court is best prepared to manage child custody, help, and visiting decisions.
When our lawyers serve you, we will aggressively pursue your rights and support you and your child every step of the way. We can also help you find external services for your families, such as nearby Domestic Violence shelters and counseling facilities, to help you cope with your physical and emotional injuries.