Family Law Appeals
Can You Appeal the Ruling in Your Colorado Divorce or Custody Case?
You’ve just been through a contested final hearing in your Denver divorce case and disagree with the judge’s decision regarding how your assets are to be divided. Perhaps the court ruled against you, denying your motion to modify parenting time. The reality is that with each issue litigated before a judge, one side may ultimately be dissatisfied with that decision, but where do they go from there? Whatever your circumstances may be, the Denver family law attorneys at Plog & Stein, P.C. are available to review your case for judicial error and to file an appeal on your behalf. We also defend against appeals brought by the other party. Having an attorney with a firm grasp of both the law and appellate court standards and procedures is imperative when it comes time to make decisions regarding appealing your case.
At Plog & Stein, we offer experienced representation and insights related to:
- Family Law Appeals
- Petitions for District Court Review
- Appellate Court Deadlines and Procedures
- Case Law and Statutory Research
- Appellate Brief Writing
If you have concerns with the court’s ruling and feel that the judge just got things wrong, the first step is to contact a family law appeals attorney in Denver to assess what grounds you might have to undo that decision.
Standards and Procedures for Family Law Appeals
Court’s ruling in your Colorado divorce, custody, or child support case can be challenged, depending on the circumstances, and statute affords certain rights and procedures for doing so. The specific action you take depends on what stage your case is at and what level of judge made the decision. If the judge presiding over your case was a “magistrate,” your initial remedy is to appeal the decision within the same courthouse by filing a Petition for District Court Review pursuant to C.R.M. Rule 7. This type of filing must be done within 21 days of the magistrate’s ruling and entails a higher up “judge” reviewing the magistrate’s decision for judicial error. If error is found the decision can be overturned, amended, or “remanded” back to the magistrate for further proceedings consistent with the judge’s findings. If the judge upholds the magistrate’s decision and you still believe error exists, your next step would be the filing of an appeal to the Colorado Court of Appeals. In limited circumstances, magistrate orders can also be appealed directly to the appellate court. In most instances, an appeal to the Court of Appeals will be filed based on a ruling entered by a judge.
Once all remedies are exhausted at the District Court level, your next step will be to seek appellate review of your case under the Colorado Appellate Rules. Litigants must keep in mind that certain deadlines start ticking when any court ruling enters and failure to take action within the prescribed time frames can negate your rights to proceed further. For appeals, a Notice of Appeal must be filed within 49 days of entry of a final order in your case. From there, various additional procedures and deadlines are invoked related to transferring the complete case record from the district court and the filing of Legal Briefs.
At Plog & Stein, P.C., our family law appeals lawyers represent Denver clients on both sides of an appellate case, including defending against an appeal filed by your former spouse or partner. We also understand the importance of getting in to meet with an attorney quickly to assess your case and the legal viability of any appellate arguments. Substantively, we bring impeccable research and brief writing skills to each case, understanding that the concise and coherent statement of legal arguments can be the pivotal factor in whether an appeal is successful. If remand is ordered, we are also there for our clients when the case goes back to the district court level.
Have questions about appealing your divorce or custody case? Call us at (303) 781-0322 to schedule a consultation!
Retain the services of our experienced Denver family law appeals lawyers!
When weighing your options for challenging a problematic court ruling, the first step is to engage an attorney who can help you thoroughly analyze the situation and assess your realistic options. At Plog & Stein, P.C., we strive not only give you a thorough case assessment, but to also look at things from a cost-benefit perspective. Family law appeals can be lengthy, time-consuming and costly. They also acquire great attention to detail and formality. If you are faced with an appeal, regardless of which side of the case you are on, let us put our skills and over 70 years of combined legal experience to work for you.