Colorado HB26-1309: Courts Must Screen for Coercive Control Before Custody

Colorado Courts Must Now Screen for Coercive Control Before Making Custody Decisions

Colorado Governor Jared Polis signed HB26-1309 into law, fundamentally changing how family courts evaluate custody disputes involving domestic violence allegations. Effective August 12, 2026, Colorado judges must determine whether a parent has committed domestic violence—including coercive control, economic abuse, or technological abuse—before applying the traditional best interests of the child standard under C.R.S. § 14-10-124. If abuse is found, courts must presume that awarding parental responsibilities to the abusive parent is not in the child's best interests.

Key Facts: HB26-1309 at a Glance

Why This Law Changes Colorado Custody Cases

HB26-1309 creates a mandatory two-step process that Colorado family courts must follow in every case where domestic violence is alleged. First, the court must conduct a threshold determination of whether domestic violence occurred. Only after completing this abuse screening can the court proceed to evaluate the traditional best interests factors under C.R.S. § 14-10-124.

This sequencing matters enormously. Under previous Colorado law, judges could weigh domestic violence as one factor among many when determining custody arrangements. A parent with a documented pattern of controlling behavior might still receive substantial parenting time if the court believed the children benefited from the relationship. HB26-1309 eliminates that discretion by mandating the abuse inquiry come first and creating a rebuttable presumption against the abusive parent.

The law also expands what qualifies as domestic violence in custody proceedings. Colorado courts must now recognize three additional forms of abuse that often leave no physical marks but cause significant harm:

• Coercive control: A pattern of behavior that seeks to dominate, isolate, or control a partner through threats, intimidation, manipulation, or restriction of autonomy
• Economic abuse: Controlling access to finances, preventing employment, destroying credit, or using money as a tool of manipulation
• Technological abuse: Using devices, apps, spyware, GPS tracking, or online platforms to monitor, harass, stalk, or control a partner

These expanded definitions align Colorado with a growing national trend. As of 2026, approximately 14 states have enacted legislation specifically addressing coercive control in family court proceedings.

How Colorado Courts Will Apply the New Standard

Under HB26-1309, the abuse screening process works as follows. When any party alleges domestic violence, the court must hold an evidentiary hearing specifically focused on whether abuse occurred. The court evaluates evidence including protective orders, criminal convictions, police reports, witness testimony, text messages, financial records, and expert testimony on abuse dynamics.

If the court finds by a preponderance of the evidence that a parent committed domestic violence—including the newly defined categories of coercive control, economic abuse, or technological abuse—a presumption arises under the amended C.R.S. § 14-10-124. This presumption states that allocating parental responsibilities to the abusive parent is contrary to the child's best interests.

The abusive parent may attempt to rebut this presumption, but they bear a significant burden. They must demonstrate by clear and convincing evidence that awarding them parenting time serves the child's best interests despite the finding of abuse. Courts must also consider whether the abuse has ended, whether the abusive parent has completed treatment, and whether adequate safeguards exist to protect the child and the other parent.

Colorado practitioners should note that this framework applies to initial custody determinations and modifications alike. A parent seeking to modify an existing parenting plan can trigger the abuse screening process by presenting credible allegations of domestic violence that occurred at any point during the relationship.

Practical Takeaways for Colorado Parents

1. Document patterns of controlling behavior now. If you have experienced coercive control, economic abuse, or technological abuse, begin gathering evidence immediately. Screenshot text messages, save financial records showing restricted access, document instances of isolation from friends and family, and preserve any evidence of tracking or monitoring.

2. Understand the August 12, 2026 effective date. Cases filed or decided before this date operate under previous Colorado law. If you have experienced abuse and are considering filing for dissolution of marriage or allocation of parental responsibilities, consult with an attorney about whether waiting until the law takes effect benefits your case.

3. Protective orders strengthen your position. While not required, existing protective orders provide strong evidence during the abuse screening phase. If you currently face abuse, obtaining a civil protection order under C.R.S. § 13-14-102 creates a court record that supports your claims.

4. Expert testimony may prove essential. Coercive control and economic abuse often lack obvious physical evidence. Mental health professionals, domestic violence experts, and forensic accountants can help courts understand patterns that might otherwise remain invisible.

5. Accused parents face a steep burden. If you are accused of domestic violence under these expanded definitions, understand that a finding of abuse shifts the burden to you. Early intervention with counsel, completion of appropriate treatment programs, and evidence of changed behavior may be necessary to maintain parenting time.

Frequently Asked Questions

Does HB26-1309 apply to cases already in progress?

The law takes effect August 12, 2026, and applies to proceedings initiated on or after that date. Cases with pending custody orders entered before the effective date continue under existing C.R.S. § 14-10-124 standards, though modification requests filed after August 12, 2026 may invoke the new abuse screening framework if domestic violence allegations are raised.

What evidence proves coercive control in Colorado family court?

Colorado courts evaluate patterns of behavior rather than isolated incidents. Evidence includes text messages showing monitoring or threats (documented in 73% of coercive control cases according to the National Network to End Domestic Violence), testimony from friends or family about isolation tactics, financial records showing restricted access, and expert testimony explaining abuse dynamics under the new HB26-1309 framework.

Can I lose custody for past abuse that occurred years ago?

Yes. HB26-1309 does not impose a time limit on the abuse that courts must evaluate. If evidence demonstrates domestic violence—including coercive control, economic abuse, or technological abuse—at any point during the relationship, the court must apply the presumption against custody allocation under amended C.R.S. § 14-10-124, regardless of when the abuse occurred.

How do I prove economic abuse in a Colorado custody case?

Economic abuse evidence includes bank statements showing one spouse controlled all accounts, evidence of hidden assets, documentation that one parent prevented the other from working, destroyed credit records, or records showing financial punishment for disobedience. Colorado courts under HB26-1309 recognize that 94-99% of domestic violence cases involve economic abuse according to the National Network to End Domestic Violence.

What if both parents accuse each other of coercive control?

Colorado courts must evaluate each allegation separately during the abuse screening phase required by HB26-1309. Mutual accusations do not cancel each other out. The court examines evidence independently, may find that one party acted in self-defense, and considers which parent's behavior fits the pattern of dominance and control versus reactive behavior. Cross-allegations occur in approximately 15% of custody cases involving abuse claims.

Connect With a Colorado Family Law Attorney

Navigating custody disputes involving domestic violence allegations requires experienced legal guidance. The attorneys in our Colorado directory understand how HB26-1309 changes custody proceedings and can help you understand your rights under this new framework.

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.