Colorado Senate Bill 26-018, introduced on the first day of the 2026 legislative session, would require family court judges to consider whether a parent "recognizes the child's identity" — including gender identity — when allocating parenting time and decision-making authority under C.R.S. § 14-10-124. The bill revives provisions stripped from last year's Kelly Loving Act (HB 25-1312) after 700-plus witnesses testified and national backlash forced sponsors to remove the custody language before passage.
Key Facts
| Detail | Summary |
|---|---|
| What happened | SB 26-018 reintroduces custody provisions removed from the Kelly Loving Act (HB 25-1312) |
| When | Introduced January 2026, first day of the 2026 legislative session |
| Where | Colorado General Assembly |
| Who is affected | All Colorado parents in custody disputes where a child's gender identity is at issue |
| Key statute | C.R.S. § 14-10-124 — Best interests of the child factors |
| Current status | Lead sponsor requested removal of the most contentious section after renewed public opposition |
Why This Matters Legally
SB 26-018 would change how Colorado family courts evaluate parenting fitness by adding identity recognition as a best-interest factor. Under current Colorado law, C.R.S. § 14-10-124 lists approximately 11 factors judges must weigh when determining parenting time and decision-making responsibility. These include each parent's wishes, the child's wishes, the child's adjustment to home and community, and the mental and physical health of all parties. Gender identity recognition is not currently among them.
Adding this factor would give judges explicit statutory authority to consider a parent's willingness (or refusal) to affirm a child's gender identity when making custody determinations. In practical terms, a parent who refuses to use a child's preferred pronouns or opposes social transition could see that refusal weighed against them in a parenting time allocation.
This is not a hypothetical concern. According to reporting by Colorado Politics, the original Kelly Loving Act (HB 25-1312) drew more than 700 witnesses during committee hearings in 2025 — one of the largest turnouts for any family law bill in recent Colorado legislative history. The custody provisions proved so controversial that sponsors removed them to secure passage of the remaining protections.
SB 26-018 restores those exact provisions, signaling that proponents view identity recognition in custody cases as unfinished legislative business.
How Colorado Law Currently Handles Custody
Colorado replaced the term "custody" with "allocation of parental responsibilities" under C.R.S. § 14-10-124 in 1999. The statute requires courts to determine parenting time and decision-making authority based on the "best interests of the child" standard. Colorado courts currently weigh these primary factors:
- The wishes of both parents regarding parenting time
- The wishes of the child, if the child is sufficiently mature (typically age 12 or older in Colorado practice, though no bright-line rule exists in statute)
- The interaction and interrelationship of the child with parents, siblings, and other significant persons
- The child's adjustment to home, school, and community
- The mental and physical health of all individuals involved
- The ability of the parties to encourage sharing of love, affection, and contact between the child and the other parent
- Whether the past pattern of involvement of the parties reflects a system of values, mutual support, and devotion
- The physical proximity of the parties to each other as it relates to practical considerations of parenting time
Under C.R.S. § 14-10-124(1.5)(a), Colorado courts also consider whether either parent has been a perpetrator of domestic violence or child abuse. This factor can be outcome-determinative — a finding of domestic violence creates a rebuttable presumption against sole or joint decision-making authority for the offending parent.
SB 26-018 would add identity recognition alongside these existing factors. The bill does not propose replacing any current factor or creating a presumption — it would function as an additional consideration in the multi-factor balancing test that Colorado judges already perform in every contested custody case.
What Happened to the Bill
The trajectory of SB 26-018 mirrors its predecessor. After renewed public opposition following the bill's introduction in January 2026, the lead sponsor requested removal of the most contentious section — the specific provision requiring judges to consider identity recognition. This mirrors the 2025 dynamic where sponsors of HB 25-1312 stripped identical language to save the broader Kelly Loving Act.
This legislative pattern matters for Colorado family law practitioners and parents. Even with the contested section removed from SB 26-018, the issue has now been introduced in two consecutive legislative sessions. Practitioners should expect similar proposals in future sessions.
Colorado is not legislating in a vacuum. At least 8 other states considered bills in 2025 addressing gender identity in custody contexts, though most took the opposite approach — seeking to prohibit courts from penalizing parents who refuse to affirm a child's gender identity. The national legislative environment on this issue remains deeply divided.
Practical Takeaways
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Colorado's current best-interest factors under C.R.S. § 14-10-124 do not explicitly mention gender identity, but judges retain broad discretion to consider any factor relevant to the child's wellbeing. A parent's approach to a child's identity could already be evaluated under existing factors like the child's wishes, emotional needs, and each parent's ability to encourage the child's healthy development.
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Even without new legislation, Colorado parents in custody disputes involving a child's gender identity should document their approach to the child's emotional and psychological needs. Courts evaluate the totality of parenting behavior, and a pattern of either support or rejection can influence outcomes under current law.
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The bill's repeated introduction — in both 2025 (HB 25-1312) and 2026 (SB 26-018) — signals ongoing legislative interest. Colorado family law attorneys should monitor future sessions for similar proposals that could change how courts weigh identity-related parenting decisions.
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Parents on both sides of this issue should understand that Colorado judges already have significant discretion under the current multi-factor test. Adding a specific identity-recognition factor would codify what some judges may already consider informally, while providing clearer appellate standards for reviewing those decisions.
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If you are involved in a Colorado custody dispute where your child's gender identity is a factor, consult a family law attorney who is familiar with both the current statutory framework and the evolving legislative landscape. The law in this area is changing rapidly across multiple states.
Frequently Asked Questions
Does Colorado law currently require judges to consider gender identity in custody cases?
No. Colorado's best-interest factors under C.R.S. § 14-10-124 do not explicitly list gender identity as a consideration. However, judges retain broad discretion to weigh any factor relevant to the child's wellbeing, meaning identity-related issues could arise under existing factors like the child's emotional needs and wishes.
What was the Kelly Loving Act (HB 25-1312)?
The Kelly Loving Act was a 2025 Colorado bill that originally included provisions requiring courts to consider identity recognition in custody cases. After more than 700 witnesses testified and the bill drew national opposition, sponsors removed the custody language. The remaining protections passed into law without the contested provisions.
Is SB 26-018 currently law in Colorado?
No. SB 26-018 was introduced in January 2026, but the lead sponsor subsequently requested removal of the most contentious section addressing identity recognition in custody determinations. The bill's custody provisions have not been enacted into Colorado law as of April 2026.
Could a Colorado judge already consider a parent's stance on gender identity without this bill?
Yes. Under the existing multi-factor test in C.R.S. § 14-10-124, Colorado judges can consider any factor bearing on the child's best interests. A parent's responsiveness to a child's expressed identity could be evaluated under factors addressing the child's wishes, emotional adjustment, and each parent's ability to meet the child's developmental needs.
How many states have considered similar legislation?
At least 8 states considered bills in 2025 addressing gender identity in custody contexts. Most took the opposite approach from Colorado's SB 26-018, seeking to protect parents who decline to affirm a child's gender identity from adverse custody findings. The national legislative landscape on this issue remains actively contested across state legislatures.
Connect with a Colorado family law attorney who understands how evolving legislation may affect your parenting time case.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.