The state of Colorado has enacted legislative changes that now recognize damage inflicted apart from physical violence, called coercive control, in custody disputes. These laws emphasize the importance of protecting children from both physical and psychological harm. As a parent, it’s crucial to understand coercive control and how it impacts Colorado custody cases to ensure the safety and well-being of your children and yourself.
What is Coercive Control?
Coercive control is a pattern of behavior that strips away an individual’s freedom, independence, and sense of self. Creating an environment of fear and manipulation, this type of control can jeopardize a child’s well-being and make it difficult for a parent to leave an abusive situation. Coercive control can take many forms, from limiting a parent’s access to financial resources to monitoring their daily activities. It extends beyond the household, with abusers who often manipulate friends, family, and even the legal system to maintain control. Recognizing and addressing these behaviors is critical to supporting your child’s best interests.
Research in a report by the U.S. Department of Justice highlights the dangers of coercive control. The report found that individuals whose daily activities were controlled by an abusive partner were more than five times more likely to be killed than other victims of domestic abuse. Colorado has taken steps to strengthen legal protections for victims and children in child custody cases where coercive control is present. In this post, our Colorado child custody attorneys share the state’s updated laws on coercive control and what you, as a parent, should know when navigating custody disputes.
What is Considered Coercive Control Under Colorado Law
Coercive control involves a pattern of threatening, intimidating, or humiliating actions used to dominate, harm, punish, or instill fear in an individual. This form of abuse can include physical or verbal threats, isolation from support systems, financial control, or regulating the individual’s everyday lifestyle. Over time, this pattern of coercive behavior strips away freedom, independence, and the sense of self.
Coercive Control can include:
- Isolating the individual from friends and family, or other sources of support.
- Monitoring or restricting the individual’s finances, activities, communications, or movements.
- Using name-calling, humiliation, degrading, or demeaning behavior to exert control.
- Regulating the individual’s everyday routines and activities.
- Threatening harm to the individual, their children, loved ones, or pets.
- Depriving them of independence and decision-making power.
- Engaging in any other actions that take away the individual’s sense of self or freedom.
Legislative Changes Incorporating Coercive Control in Custody Matters
In 2024, Colorado enacted House Bill 24-1350, which revised relevant statutes such as C.R.S. §14-10-124 and C.R.S. § 14-10-127.5 and officially defined coercive control within family law and recognized it as a serious factor in child custody cases. The law strengthens protections for children and parents by ensuring that both physical and psychological abuse is considered in custody decisions.
Key provisions of the law include:
- Recognizing coercive control as a form of abuse that must be considered in child custody decisions.
- Expanding the state’s role and responsibilities to ensure these standards are upheld.
- Mandating that if allegations of domestic violence, child abuse or neglect, or child sexual abuse are made, the court must give strong consideration to the child’s preference, provided it aligns with their safety.
- Requiring certain qualifications and training for investigators and evaluators in child custody cases.
The legislative changes to Colorado state laws ensure that the family courts address both visible and non-physical forms of abuse, prioritizing the child’s well-being and safety in all custody matters.
Impact of Coercive Control on Custody Decisions
Colorado courts carefully assess the presence of coercive control when determining child custody decisions including parenting time and allocation of parental responsibilities. Judges prioritize the best interests of the child, considering safety, emotional, and mental health factors along with the child’s expressed wishes. Additionally, if the judge grants unsupervised parenting time, they must explain why this decision is in the child’s best interests. To ensure fairness, courts are prohibited from making recommendations based on any bias related to religion, gender, gender identity, sexual orientation, culture, race, ethnicity, national origin, or disability. This law strengthens protections for children and parents, ensuring decisions are made with their safety and well-being as the top priority.
Legal Protections and Rights for Victims of Coercive Control
If you are experiencing coercive control, there are legal options to safeguard yourself and your children from the abusive parent. You can seek protection orders to limit an abusive parent’s access and ensure the safety of you and your children. Colorado law also requires court-appointed experts in custody cases to undergo training on domestic violence and coercive control to ensure informed evaluations and support fair custody decisions. Judges must provide transparency when explaining why their decision is in the best interest of the child.
It’s essential to take proactive steps to protect yourself and your children. Understanding all legal options and seeking support are paramount to ensuring the safety and well-being of both you and your children.
- Document: Keep meticulous records of all instances of coercive behavior.
- Consult: Contact a family law attorney who is experienced in Colorado custody cases.
- Contact the Authorities: If necessary, contact child protective services or law enforcement.
- Seek Support: Domestic violence organizations offer resources and guidance.
Consult with a Colorado Family Law Attorney
Recognizing and addressing coercive control in custody matters is the first step. Next is contacting a highly experienced Colorado family law attorney to support you in navigating these legal provisions in your custody dispute.
Solutions Based Family Law is here to help parents understand their legal rights and options and advocate for their rights. We are based in Centennial, Colorado, and serve the greater Denver and Arapahoe County areas. Contact us today to schedule a consultation and learn how we can help you navigate child custody disputes while protecting yourself and your children from coercive control.
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