Law Office of Joel M Pratt notches big win in Colorado Court of Appeals

Colorado Court of Appeals

Joel recently won a published case on child custody issues in the Colorado Court of Appeals. This case addressed constitutional issues related to parental rights as well as the jurisdiction of the court to hear a case at all.

Facts

The underlying facts of the case are tragic: Father and Mother were engaged in a contested custody battle when Mother passed away. At that time, no other person had intervened in the case, and both parents were considered "fit" under the law.

Ultimately, the domestic relations court allowed Mother's grandmother to intervene and stand in her shoes to litigate the case, and the trial court ultimately allocated parental responsibilities primarily to her, including by granting her sole decision-making.

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Opinion - Court of Appeals Win for Father

The Colorado Court of Appeals reversed.

First, it determined that, when Mother died, the case died with her. Custody actions, like divorce actions, are personal to the parties. So if one of the parties dies, the case must be dismissed.

This is particularly true in cases between two fit parents. In Colorado, parents and grandparents do not sit as constitutional equals, so the status of a child as between two fit parents is conclusively resolved when one of those parents dies during the case.

The case also addresses the high standard for awarding fees against a litigant in a family court case. Father here had been required to pay the grandmother's attorney's fees for a denied motion that, while denied, was not so lacking in merit that fees should have been awarded. The Court reversed that fee award, too.

Unresolved Issues

This case does not resolve the following issues:

• What if a parent dies before the paternity/parentage of the other is determined.

  • Children's Code cases likely would allow jurisdiction for this kind of case.

• What if a parent dies after a non-parent has intervened in the case?

• What if a parent has determined to be unfit at the time the fit parent dies?

Big Picture

This case sits at the intersection of tragic facts, tough jurisdiction questions, constitutional rights, and grandparent rights. It reaffirms the prior right of parents to care and custody of their children and places limits on jurisdiction over cases involving non-parents.

If you have a factually or legally complicated case, the Law Office of Joel M Pratt has experience working those cases in the trial and appellate courts and getting those Court of Appeals wins. Contact him today.!