Graham.Law Blog

Should Parent Seek Emergency Child Custody Order? One dilemma a parent faces when the other parent may be endangering the children is the best way to proceed legally. In Colorado, a motion for emergency child custody is known as a motion to restrict parenting. And a motion to restrict requires…

Any family law attorney will at some stage have initiated or defended against a motion to restrict parenting time, which is what Colorado calls an emergency custody proceeding. While most child custody motions move at a normal judicial pace, a motion to restrict is addressed almost immediately, with a same-day…

It seems like the trends are most assuredly against unvaccinated citizens in our courts. Employer-related Covid-19 vaccine mandates are increasingly being upheld by the courts, and thus far, the U.S. Supreme Court has declined to intervene. History of Pro-Covid-19 Vaccine Decisions Unsurprisingly, the family law bench has similarly been hostile…

Covid-19 has certainly resulted in major changes to our society – not just over a half million deaths, but with social distancing, companies, schools and even courts doing business remotely, and by creating divisions over what measures may be appropriate. And now, you can add a potential problem for an…

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…

Grandparent Rights & Safety of Child Grandparent rights matter, especially when a child’s safety is at stake. A Grandmother retained Graham.Law’s Tahli Delgado out of concern for her grandson’s safety with his mother. Unfortunately, the child’s mother had a history of alcohol abuse, which routinely placed the child in dangerous…

OK, the title doesn’t perfectly capture the essence of a brand-new ruling that the Colorado Supreme Court issued today, but web titles have limited space constraints. A proper summary of the holding would be “When a parent has filed a motion to restrict parenting time alleging with particularity its grounds,…

Covid-19 & Parenting Even before Colorado issued statewide stay-at-home orders, Covid-19 was causing parents across Colorado to have fears about the impact on child custody. The news was increasingly filled with stories about how the pandemic was affecting parenting time and child custody exchanges as more and more stories about…

What is Jurisdiction? For a case to be decided in Court, that court needs to have jurisdiction over the people in the case (“personal jurisdiction”), and the type of case at issue (“subject-matter jurisdiction”). These rules can be complicated, especially in the area of child custody jurisdiction, and are the…

What Is Child Abuse? Child abuse will get a parent in trouble, not only in child custody cases, but with the potential for action from the Colorado Department of Human Services (DHS) or even law enforcement (child abuse is a crime per (1)(a)). However, (1)(a) also recognizes that physical force may…