CO HB1309

Courts must determine whether domestic violence occurred by preponderance of evidence before allocating parental responsibilities, creating a rebuttable presumption against awarding custody to a parent found to have committed domestic violence

Expands definitions of domestic violence to include coercive control, technological abuse, health-related abuse, economic abuse, stalking, sexual assault, and human trafficking

Requires courts to make specific written findings when awarding parenting time to a parent found to have committed domestic violence, including how the order protects the child and abused party from further harm

Parents found to have committed domestic violence must complete a 52-week domestic violence abuser intervention program and individual therapy with a licensed mental health professional specializing in domestic violence treatment before court-ordered reunification with children

Legislative findings cite 2025 data showing record domestic violence fatalities in Colorado, with 62% of child domestic violence fatality victims killed during custody litigation and 5 of 8 child victims in 2024 involved in their parents' custody disputes