When you face criminal charges in Colorado, your parenting rights may change quickly. Family courts act fast when a child’s safety is at stake.
What Colorado law requires courts to consider
Colorado family courts base custody decisions on the child’s best interests. The foundational statute is Colorado Revised Statutes (C.R.S.) § 14-10-124. It requires judges to review each parent’s criminal history, domestic violence record and substance abuse patterns.
A charge does not automatically end your parental rights. However, courts can impose restrictions before any verdict is reached.
Types of charges that raise concerns
Not every charge carries the same weight. Courts evaluate several factors when assessing risk to a child:
- Violent offenses: Assault or any crime involving physical harm draws the most scrutiny.
- Child abuse or neglect: Past allegations may affect custody even without a conviction.
- Substance-related offenses: A recent DUI may signal instability, especially if a child was present.
- Repeat behavior: A pattern of arrests may suggest ongoing risk to a child.
A single nonviolent conviction from years ago may carry less weight if you can show evidence of rehabilitation.
What can happen while charges are pending
Courts do not always wait for a conviction before acting. A judge may suspend or modify parenting time based on credible evidence of risk. A protection order in a domestic violence case may also bar you from contact with your children.
If charges are later dismissed, the family court may still maintain restrictions. Courts conduct their own review of the evidence under the best interests standard.
How domestic violence is treated differently
Colorado law treats domestic violence as its own category. If a judge finds credible evidence of it, the court may presume that joint decision-making does not serve the child’s best interest. The accused parent must then show they can make decisions safely.
You may speak with an attorney about your options
If criminal charges are affecting your custody case, acting early may help protect your parenting time. An attorney can help you understand how these rules apply to your situation. Speaking with a lawyer may also clarify what evidence could matter most in your hearing.