Child custody cases are always complex, but when domestic violence is involved, the stakes become even higher. Ensuring the safety of both the child and the non-abusive parent is the top priority for courts handling these cases. If you are facing a custody dispute involving domestic violence, understanding your legal options and the safety measures available to you is critical. At Marquez Law, our Denver custody attorneys are here to help you navigate this difficult situation while protecting your parental rights and, most importantly, your child's well-being.
How Domestic Violence Impacts Child Custody Decisions
Colorado courts take allegations of domestic violence very seriously when determining child custody arrangements. Judges are required to consider whether a parent has a history of domestic violence before awarding custody or visitation rights. The primary goal of the court is to act in the best interests of the child, which includes ensuring they are placed in a safe and stable environment.
Under Colorado law, domestic violence is defined as an act of violence or threatened violence against an intimate partner or household member. This can include physical abuse, emotional abuse, stalking, harassment, or any form of coercive control. If a parent has a documented history of domestic violence, the court may limit or even deny their custody rights.
Legal Options for Parents Facing Domestic Violence in Custody Cases
If you are dealing with a custody dispute where domestic violence is a factor, there are several legal options available to help protect you and your child. Our Denver custody lawyers can assist you with the following:
1. Filing for a Protection Order
One of the first steps a survivor of domestic violence can take is seeking a protection order (restraining order) against the abusive parent. A Colorado protection order can:
Prohibit the abusive parent from contacting or coming near you and your child.
Grant you temporary custody of your child.
Restrict the abusive parent’s visitation rights.
Order the abuser to surrender firearms.
A protection order can provide an immediate layer of security while custody issues are being resolved in court.
2. Requesting Sole Decision-Making Authority
In Colorado, courts typically prefer both parents to share legal decision-making responsibilities. However, if domestic violence has occurred, the court may award sole decision-making authority to the non-abusive parent. This means that the abusive parent will have no legal right to make decisions about the child’s education, healthcare, or general welfare.
3. Supervised Visitation Orders
If the court determines that the abusive parent should still have some level of contact with the child, it may order supervised visitation. This requires the visits to occur in the presence of a third party, such as a social worker or court-approved supervisor. This measure helps ensure the child’s safety while allowing the abusive parent to maintain a relationship with their child in a controlled environment.
4. Termination of Parental Rights
In severe cases where domestic violence has led to significant harm or endangerment, the court may terminate parental rights. This is a last resort and only happens if the court finds that continued contact with the abusive parent would pose a serious threat to the child’s safety and well-being.
Safety Measures for Parents and Children in Custody Cases
Aside from legal options, parents dealing with domestic violence should take proactive steps to safeguard themselves and their children.
1. Documenting Evidence of Abuse
Providing clear evidence of domestic violence can significantly impact the court’s custody decision. Gather and keep records of:
Police reports
Medical records
Photos of injuries
Text messages, emails, or voicemails with threats
Witness statements
Our Denver custody attorneys can help you organize and present this evidence effectively in court.
2. Creating a Safety Plan
If you are in an abusive situation, creating a safety plan is essential. A well-thought-out plan should include:
A safe place to go if violence escalates
A list of emergency contacts
Important documents (birth certificates, social security cards, medical records)
A plan for how to leave safely if necessary
3. Seeking Support from Domestic Violence Organizations
There are several resources available in Colorado for victims of domestic violence, including shelters, hotlines, and counseling services. Organizations like SafeHouse Denver and the National Domestic Violence Hotline provide free and confidential support to survivors.
How Our Denver Custody Lawyers Can Help
At Marquez Law, we understand how overwhelming and frightening it can be to fight for custody while dealing with domestic violence. Our Denver custody lawyers have extensive experience handling these sensitive cases and are dedicated to helping parents protect their children and their legal rights.
We provide:
Comprehensive legal guidance on child custody laws in Colorado.
Aggressive representation in court to advocate for your child’s best interests.
Assistance with protection orders, supervised visitation requests, and parental rights matters.
Compassionate and confidential support tailored to your specific circumstances.
Contact Marquez Law Today
If you or your child are at risk due to domestic violence, do not wait to seek legal assistance. Our Denver custody attorneys are here to fight for your rights and ensure your family’s safety. Contact Marquez Law today to schedule a consultation and take the first step toward securing a safer future for you and your child.
Call us now to discuss your case and explore your legal options.
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