Our
Appeals Services
Challenging Custody Disputes
If you disagree with a child custody decision, we can help you challenge it on appeal. Custody disputes can be emotionally and legally complex, especially when there are disagreements about parenting time or the allocation of parental responsibilities. Common grounds for appealing a custody decision include:
- Mistakes in determining the child’s best interests: If the court overlooked key factors related to the child’s emotional, physical, or educational needs, an appeal may be warranted.
- Improper weighing of evidence: If crucial evidence, such as testimony from parents, witnesses, or experts, was misinterpreted or disregarded, it could provide grounds for appeal.
- Bias or procedural errors: If the trial judge exhibited bias or made procedural errors that impacted the fairness of the custody hearing, it may be grounds for a successful appeal.
Our attorneys are experienced in handling custody appeals and can guide you through the process of challenging a ruling to ensure that the child’s best interests remain the priority.
Challenging Child Support Calculations
Child support calculations are based on a formula that considers both parents’ incomes, the child’s needs, and the amount of time each parent spends with the child. If you believe that the child support calculation was incorrect, there are several possible grounds for appealing the decision:
- Errors in income reporting: If there was a mistake in the reported income or financial circumstances of one or both parents, it could impact the child support amount.
- Incorrect application of the guidelines: Colorado’s child support guidelines are specific, and if the court failed to properly apply them, it may be grounds for an appeal.
- Failure to consider extraordinary expenses: Certain expenses, like medical bills or educational costs, may need to be factored into the child support calculation. If the court overlooked these, an appeal could be considered.
- Changes in circumstances: If significant changes occurred after the original ruling, such as a job loss or a significant increase in a parent’s income, this could justify a modification or appeal of the child support order.
Our team will review the child support calculation in detail, identify any errors, and help you challenge the order in an appellate court if needed.
Challenging Constitutional Violations
If a judge or magistrate ignored your constitutional rights in making a decision, you may have grounds to appeal. We work with clients who believe their constitutional rights were violated during their family law case, ensuring that any errors are rectified by the appellate court.
Child Custody and Support Errors
If you feel the child custody ruling or child support calculation was incorrect or unjust, we can help. Our attorneys will review the court’s decision, identify any errors, and advise you on the best course of action for appealing the decision.
New Evidence or Facts
If new facts or evidence have come to light after your case, it may provide grounds for an appeal. We help clients gather and present new information that could affect the outcome of their case and challenge any past rulings.
FAQs
Frequently asked questions about Appeals in Colorado
Still have questions? Reach out to us today.
What is an appeal in a family law case?
An appeal in a family law case is when a higher court reviews the decision of a lower court to determine if legal errors were made. The appellate court may overturn or modify the original ruling based on these errors.
What types of family law cases can be appealed?
Many family law cases, including divorce, custody, child support, and parental rights cases, can be appealed. If you believe a ruling was unfair or legally incorrect, we can help you determine whether an appeal is appropriate for your case.
What are the grounds for appealing a family law case?
Common grounds for appealing a family law case include errors in the application of the law, violations of constitutional rights, incorrect child support calculations, or the discovery of new evidence that was not available during the original trial.
How long do I have to file an appeal in Colorado?
The Colorado Appellate Rules impose strict deadlines for filing an appeal, so it is important to act quickly. Our attorneys will help you navigate these timeframes and ensure that your appeal is filed within the necessary deadlines.
What should I expect during the appeals process?
The appeals process can be lengthy and complex. It typically involves reviewing the record of the trial, presenting arguments to the appellate court, and waiting for the court’s decision. Having experienced counsel is crucial, as appeals often involve more intricate legal issues than the trial itself.
Can divorce settlements be modified in Colorado?
Yes, divorce settlements can be modified if there is a significant change in circumstances, such as a change in income, relocation, or a change in the child’s needs.
