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Mary Kay Kramer, P.C. Attorney at Law
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What if there is an abusive parent in a child custody case?

During a Colorado divorce in which child support is involved, the child's needs are paramount. When the parents are nurturing of the child, it is obviously beneficial to his or her upbringing and future and both parents will want involvement in the child's life. The courts will take this into consideration.

Unfortunately, there are many cases in which there are allegations or a history of abuse. In these circumstances, the courts will take certain steps to address a situation in which there is an abusive parent and this can have an effect on the child custody rights and visitation schedule. These cases make it essential that the parents consider having legal assistance to ensure the child is protected.

Colorado law addresses domestic violence. The child's best interests are the most critical factor that the courts will consider. These children could be confronted with a litany of problems due to abuse. When parenting time is determined, the basic factors include how he or she will adapt to a new school or a new living arrangement. If there was abuse at the hands of a parent, this will be factored in. When sexual assault has taken place, the assaulting parent will have no visitation rights nor child custody.

The decision as to whether an alleged abusive parent will have any time with the child will hinge on the preponderance of the evidence showing that it is likelier than not that the abuse took place. This will be a foundational part of the child custody and visitation decision. Parents who have left the home because of domestic violence and either brought the child with them or left the child with the other parent for a brief time will not have these issues held against them provided they fled for safety purposes. Protection orders and domestic violence complaints will be considered in a child custody and visitation case. Allegations of abuse are complicated in family law cases.

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Mary Kay Kramer, P.C.
1820 West Colorado Avenue
Colorado Springs, CO 80904

Phone: 719-362-5113
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