Appeal Lawyers: Colorado Family Law Appeals Maintenance, Child Support, Parenting Time

Appeals Attorneys

Colorado Appeals Lawyers

We handle family law appeals of all types.

What is an appeal?

An appeal is a court case you bring to dispute a finding or ruling by the trial court. You bring this case to the next higher court, for example: County and Municipal cases are appealed to the District Court. District Court decisions are appealed to the Colorado Court of Appeals. Special rules and timelines apply to appeals, so it is important to contact an appeals lawyer soon, to at least get an idea of when your deadlines are. Our attorneys have experience with Appeals and would be happy to speak with you regarding your specific case.

IMPORTANT: In a family law case, if your motion was heard by a magistrate, you may have a shorter amount of time to appeal your case, and the case would go to the District Court first, for what is known as District Court Review. Our firm has experience with, and has won these types of cases as well.

IMPORTANT: you may only appeal an issue if it was raised in the court below.

When Am I Entitled to an Appeal?

You are entitled to an appeal if you wish to challenge a ruling or decision of the court. If you made a settlement agreement, or came to a stipulation, this is ordinarily not appealable.  The applicable deadlines vary, depending on the type of case that you have.

Grounds for a Family Law Maintenance Appeal

The person bringing the appeal must demonstrate to the appeal court that the trial court made an error in the case and that error was not “harmless,” in other words, the error affected, or could have affected the outcome of the case. There are many grounds to assert that there was an error and each case is unique. Common grounds for appeals for maintenance include things such as: an item was considered as income when it should not have been, over use of the ‘economic circumstances’ rule, and an improper ruling as to whether or not a party was voluntarily underemployed or unemployed.

Grounds for a Family Law Child Support Appeal.

Again, it is up to the person who asserts the appeal to demonstrate that the trial court made an error. Common grounds for child support appeals are similar to those of maintenance because they generally have to do with the income of the parties.

Grounds for a Family Law Parenting Time Appeal

As always, it is up to the person who appeals the case to demonstrate that the court made an error. The grounds to assert errors made in the case that may have affected how the court ruled as to parenting time are numerous. It is important to remember that one cannot raise issues that were not raised at the trial court. The court may have used an improper standard, using the “best interests” standard when, in reality, the plan (or change in plan) was so restrictive as to constitute a “restriction” and thus, the court should have used the “endangerment” standard. The court may have relied too heavily upon, or, conversely, not given enough weight to a CFI (child family investigator) report. The issues are too numerous for the purposes of this brief summary. Please feel free to contact our firm and we would be happy to discuss your case with you. Essentially, if you are not satisfied with the decision of the court, it is worth at least exploring the possibility of an appeal.

Our Lawyers Can Review Your Case For Appeal

We can review your case for potential errors and give you our opinion of your chances of success upon appeal. We are extensively familiar with the state of the law and have appeal experience. Call us for a quick discussion, which is always free, and we can discuss reviewing your case for you. If, after reviewing the case, you determine that you would like to move forward, we will also be available to write and prosecute the appeal for you.

Give us a call or fill out the form below and we will contact you. Thank you very much.

What if my appeals deadline is up, or was up long ago.

If you are not withing the appeals time limits, there are still some possibilities. If you are unsatisfied with the current order and it has been in place for a while, you may consider filing a motion to modify the order. See our page regarding a Modification of Parenting Time

Also see our related pages:

Page regarding Child Custody

Spousal Maintenance

Child Support Forms and Calculations Help

General Family Law

Contact Us With An Email

Contact Form

Our practice is located in Broomfield, CO, however we can prosecute appeals from all over the state. Our general cities and areas of practice include: Broomfield, Arvada, Thornton, Westminster, Denver, Lakewood, Jefferson County, Adams County, Boulder and Boulder County, Denver and surrounding areas. Again, we can prosecute appeals all over the state, from any county or city.