Author: Carl O. Graham

Does Family Law Equate Confederate Flags with Nazis? Being a Nazi will hurt your child custody case, but how about having Confederate memorabilia? This is a highly charged issue I am not wanting to tread into, but since there is a real family law case garnering national attention, it is…

In a decision issued last month, the Colorado Court of Appeals upheld an award of attorney’s fees against a husband. In Bovino, the husband failed to appear at a temporary orders hearing. The trial court entered various orders, including awarding Wife’s attorney $35,000 in attorney’s fees from Husband for work…

This week, the Colorado Court of Appeals issued a ruling in a child custody case arising from El Paso County, finding that changing the primary residential parent is not a legal remedy for a parenting plan violation unless the court also finds endangerment. And the trial court cannot pay lip…

With the latest rounds of Covid-related stimulus checks, the federal government has now given most American families thousands of dollars. And since these funds are not regular tax perks, they almost certainly have not been addressed in divorce decrees, nor has there been time for appellate courts to provide us…

In a new decision, the N.H. Supreme Court issued a unanimous, and brief, decision holding that same-sex adultery are sufficient grounds for a fault-based divorce, just like heterosexual adultery. This falls into the category (to me, at least) of “who knew” for two reasons: With legal recognition of same-sex marriage,…

Paternity cases, and determining a child’s parentage in Colorado, are governed by the Uniform Parentage Act. And courts are limited to the text of that statute. In K.L.W., the mother of twin 9-month old babies was not in dispute, but the children had two different presumptive parents under the Uniform…

Back in 2019, the Colorado Court of Appeals held that a marital agreement (prenup or postnup) was required to be in writing and signed by both parties under the Uniform Premarital and Marital Agreements Act, and reversed a trial court decision upholding an oral agreement which purported to set aside…

Back in 2019, we wrote about the Blaine case, where the Colorado Court of Appeals held that one spouse conveying property to the other using an Interspousal Transfer Deed turned that property into the other spouses’ separate property Today, the Colorado Supreme Court reversed the decision, holding that unless one…

Scarcity of Cases Involving Vaccines Unlike some states, Colorado has limited guidance from our appellate courts when it comes to dealing with vaccines, or childhood immunizations in divorce or other child custody matter. In two vaccine cases our firm has handled in the past two years, the ultimate orders issued…

Last month the Colorado Court of Appeals considered the appropriateness of a trial court including in a party’s income undistributed business earnings never actually paid to him, or “phantom income.” In Hills, the husband had a 2% partnership interest in a company. but as an “economic unit partner”, he was…