Aurora, CO asked in Child Custody, Divorce and Family Law for Colorado

Q: Can I ask my husband to get mental health treatment as part of custody mediation in Colorado?

He has been charged with domestic violence in the past and had a history of problematic behavior. Most recently he has kept our oldest child (12) with him for 6 weeks straight, when previously I had the kids weekdays and he had then weekends. We do not have a custody agreement, we've been living separately since his DV arrest a year ago. He is also trying to use the oldest child as a bargaining chip to get me to reconcile, and he is telling me we will now have the kids 3.5 days each week, without giving me a say in the change. I'm also wondering if it is even a good idea to go to mediation, since it is not required when there has been domestic violence.

1 Lawyer Answer
Christopher N. Little
Christopher N. Little
  • Divorce Lawyer
  • Centennial, CO
  • Licensed in Colorado

A: Good Morning,

Your question and the related details raise several red flags for me and I highly suggest that you consult with a qualified domestic relations attorney licensed to practice law in the State of Colorado. When it comes to domestic violence and the allocation of parental responsibilities (commonly referred to as "child custody"), there are many nuances and it is important that you have an advocate in your corner.

The simple answer to your questions is, yes, you can certainly ask. Generally, statements made at/during mediation are protected are inadmissible as evidence against you.

Generally, mediation is still required until a judge waives the requirement. Domestic violence against you from the opposing party is one of the enumerated bases for a request for a waiver.

I truly wish you only the absolute best.

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