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New Colorado Law Now Protects the Rights of Parents with Disabilities

New Colorado Law Now Protects the Rights of Parents with Disabilities

The Colorado Legislature recently passed House Bill 18-1104 (PDF). This new pro-family law has established new safeguards for parents with disabilities. Elissa Bercovitz, a family law attorney with the Bercovitz Law firm firmly believes that the passing of this new law was necessary to establish protections for disabled parents. She said, "The enactment of this legislation was critical to the protection of disabled parents, the preservation of families, and the best interests of the children of Colorado.

The new safeguards afforded by this bill include:

  • A parent's disabilities cannot serve as a basis for the restriction or denial of parental rights and responsibilities in family law proceedings unless there is a clear and compelling evidence that shows the parental interaction would negatively affect the children.
  • Parental disabilities cannot serve as a basis for denial of guardianship, foster care, or a private or public adoption when the arrangement was already determined to be in the children's best interests.
  • The court must consider the benefits of supportive parenting services the parent or potential parent can provide when determining guardianship, foster care, adoption placements, parenting time, and parental responsibilities. The court can also require that these services be implemented or provided depending on the family's resources.

Unfortunately, there have been undeniable and ongoing prejudices against parents with disabilities that have prevented benevolent and supportive parents from providing their own children with the love and care they deserve. While it will take time, effort and awareness to completely eradicate this mind-set that impedes healthy family relations, this new bill is a significant stride in the right direction and hopefully one that will lead the way to happy families staying together.

Elissa Bercovitz at the Bercovitz Law firm has a Colorado family law practice that is focused exclusively domestic relations matters. If you are seeking to be represented by a Colorado family law attorney with over 20 years of legal experience and a lawyer who is familiar with the Colorado courts, judges and magistrates, please call Elissa at 303 803 1678. You can also simply fill out the online contact form so Elissa can schedule a free consultation for you to discuss your legal matter with you in detail.

Elissa Bercovitz handles Colorado family law matters in the Denver Metro area and counties throughout the state. She has experience with matters related to the dissolution of marriage (divorce), legal separation, the allocation of parental rights and responsibilities (parenting time and child support), maintenance (spousal support/ alimony), paternity, step-parent adoption, relocation cases, the division of assets and debt, LGBTQ family law matters, post-decree modifications, guardianship, and mediation.

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