In a groundbreaking move, Colorado has passed a new law that significantly alters the landscape of child custody cases. The legislation, signed into law just last week, prevents family courts from severing a child’s contact with a protective parent to foster a relationship with a rejected parent accused of abuse or domestic violence.
Under the bill, known as House Bill 23-1178, Colorado courts are prohibited from ordering “reunification treatment” that involves cutting off contact with the protective parent. The law emphasizes that such treatment can only be mandated if credible scientific evidence supports its therapeutic value and safety. This critical provision ensures that children’s well-being remains the primary focus throughout custody proceedings.
Moreover, the new law introduces additional measures to safeguard children in these cases. Family investigators and custody evaluators are now required to undergo annual training, specifically focusing on domestic violence and child abuse. By prioritizing education and expertise, the legislation aims to enhance the court system’s ability to recognize and address situations involving these sensitive issues.
The law also urges Colorado courts to consider expert testimony from professionals experienced in working with victims of domestic violence or child abuse. This provision acknowledges the invaluable insights such experts can offer when making custody determinations.
Trust BCG Attorney Search to connect you with top legal employers in your area. Search now!
Crucially, the bill mandates that courts must take into account evidence of past sexual or physical abuse perpetrated by the accused parent. By doing so, the legislation ensures that allegations of abuse are given appropriate consideration, offering added protection for vulnerable children.
Colorado’s new law, in compliance with the federal Keeping Children Safe From Family Violence Act, colloquially known as Kayden’s Law, solidifies the state’s commitment to prioritizing the welfare of children in custody cases. Furthermore, the federal law provides funding to states that enhance their child custody legislation, making Colorado the first state to enact such a law in alignment with this federal act.
This landmark legislation comes in the wake of a ProPublica investigation that shed light on court-ordered reunification camps, revealing instances of coercion and mistreatment of children. These programs, which aim to address parental alienation, have been criticized for their dubious scientific basis and potential harm to children involved. While rejected by mainstream scientific communities, parental alienation has influenced custody decisions in some cases.
Furthermore, ProPublica exposed allegations of domestic violence against certain custody evaluators in Colorado, highlighting the need for enhanced scrutiny and training in this field.
The new law, effective immediately, marks a significant milestone in child custody legislation. While it does not overturn existing court orders related to reunification programs, protective parents can now reference this law when appealing decisions that remove children from their custody.
The legislation’s namesake, Kayden’s Law, honors the memory of 7-year-old Kayden Mancuso from Bucks County, Pennsylvania. Tragically, Kayden was killed by her father during court-ordered custody time, despite her mother’s efforts to present evidence of the father’s criminal record and a protective order against him. This heart-wrenching case underscores the critical importance of ensuring the safety and well-being of children in custody proceedings.
Colorado’s progressive legislation serves as a model for other states grappling with similar challenges, emphasizing the need to prioritize children’s best interests and protect them from harm in custody cases. As the first state to pass a law aligned with Kayden’s Law, Colorado sets a precedent for comprehensive child custody reform nationwide.