A single criminal charge can reshape your life in ways you never anticipated. For Colorado parents, one of the most urgent questions is: how do criminal charges affect custody in Colorado? The fallout isn’t just about avoiding jail time – it can put your relationship with your children at serious risk. At Timlin & Rye, P.C., we’ve spent decades at the intersection of criminal defense and family law, and we know this truth better than anyone: what happens in criminal court doesn’t stay in criminal court.

If you’re facing charges and you have children, read this carefully. Your parenting time may already be in jeopardy.

Can Criminal Charges Affect Custody in Colorado?

Yes – and they can do so immediately, even before a conviction. Colorado family courts operate under the “best interests of the child” standard outlined in C.R.S. § 14-10-124. While the law generally favors frequent contact between children and both parents, that presumption disappears the moment a child’s safety comes into question.

Here’s what Colorado parents need to understand about the two-court reality they face:

• Temporary restrictions can be immediate. A judge may restrict parenting time or require supervised visitation while your criminal case is still pending – sometimes within days of a charge being filed.
• The burden of proof is lower in family court. Criminal court requires proof “beyond a reasonable doubt.” Family court only requires a preponderance of the evidence – meaning the judge only needs to believe the allegations are more likely true than not. You can be acquitted criminally and still lose parenting time.
• Certain charges trigger automatic red flags. Domestic violence, child endangerment, and substance abuse charges are viewed by family courts as immediate safety concerns requiring intervention.

How Domestic Violence Charges Affect Parenting Time in Colorado

When domestic violence is alleged, Colorado courts move fast and with significant power. Under C.R.S. § 14-10-124(4), the safety of the child and the alleged victim becomes the court’s overriding concern. If you’re facing a DV charge, you could be looking at:

• Mandatory protection orders that bar you from contacting your co-parent or entering the family home – making routine parenting time exchanges legally impossible.
• Loss of joint decision-making authority. A finding of domestic violence typically prevents a judge from awarding mutual decision-making rights over your children’s lives.
• Supervised visitation at a professional facility or under a court-approved supervisor, sometimes at your own expense.

These aren’t just temporary inconveniences. Without swift, coordinated legal action, temporary restrictions have a way of becoming permanent ones.

Why a Plea Deal in Criminal Court Can Devastate Your Custody Case

This is one of the most common – and costly – ways that criminal charges affect custody in Colorado: accepting a plea deal in criminal court without understanding its impact on the family court case.

Criminal defense attorneys focused solely on keeping you out of jail may recommend a plea to a lesser charge. That can sound like a win. But even a reduced charge can be introduced in family court as an admission of wrongdoing, permanently limiting your parenting rights.

At Timlin & Rye, we don’t work in silos. We see both cases simultaneously and build a strategy that protects your freedom and your family. With over 80 years of combined legal experience and more than 250 jury trials, we know how decisions made in one courtroom echo through another.

What Happens If I’m Found Not Guilty?

An acquittal in criminal court is not a guaranteed reset in family court. Because the evidentiary standards differ, a family court judge can still consider the underlying conduct when making custody determinations – even after a not-guilty verdict. Early, proactive legal strategy is the only way to protect your parenting rights on both fronts.

Don’t Wait: Criminal Charges Affect Custody in Colorado Faster Than You Think

One of the most dangerous things a parent can do is assume the family court matter will sort itself out once the criminal case is over. Understanding how criminal charges affect custody in Colorado means recognizing that by then, temporary custody restrictions may have calcified into long-term arrangements that are extraordinarily difficult to reverse.

Colorado courts take stability seriously. The longer a temporary arrangement is in place, the more likely it becomes the new baseline – regardless of the outcome of your criminal case.

Early action is not just helpful. It is critical.

Frequently Asked Questions

Can criminal charges affect custody in Colorado even without a conviction?

Yes. Colorado family courts can restrict or supervise parenting time based on pending charges alone, applying the lower “preponderance of evidence” standard rather than the criminal “beyond a reasonable doubt” threshold.

How does a domestic violence charge affect my parenting time?

DV charges in Colorado frequently result in mandatory protection orders, supervised visitation, and the loss of joint decision-making authority – often before any trial takes place.

Will taking a plea deal hurt my custody case?

It very well could. Even a reduced plea can be used in family court as an admission, potentially leading to lasting restrictions on your parenting rights. This is why coordinated legal representation across both matters is essential.

If I’m acquitted, does custody automatically return to normal?

Not automatically. Family courts operate independently and may still consider the conduct underlying the charges. A not-guilty verdict in criminal court doesn’t erase the family court record.

Should I address my custody situation before my criminal case ends?

Absolutely. Waiting allows temporary restrictions to become entrenched. Proactive legal intervention on both fronts gives you the best chance of preserving your parenting rights.

Protect Your Future as a Parent – Contact Timlin & Rye Today

Facing criminal charges while fighting for your children is one of the most painful experiences a person can endure. You deserve more than sympathy – you deserve a team that fights on every front, simultaneously and strategically.

At Timlin & Rye, P.C., we are the H.E.A.R.T. of the law – Hardworking, Experienced, Aggressive, Reliable, and Trustworthy. We have spent decades protecting Colorado parents in exactly these situations.

Don’t wait. Contact Timlin & Rye today for a consultation and let’s build a strategy that protects both your freedom and your family.