Appellate Attorneys at The Harris Law Firm
An appeal in a Colorado family law case is a legal proceeding where a Colorado domestic relations lawyer represents a party who seeks to have a decision reviewed by a higher court. The family law matter must be fully decided and a final written order issued before it can be brought before the Court of Appeals.
A court order or decision cannot be appealed simply because you do not agree with the outcome. To file an appeal, you must have a legal reason, such as your belief that an error was made during the procedure, that the judge did not apply the law correctly, or that the judge abused his or her discretion. It is important to note that many decisions made by the court in family law cases fall within the court’s discretion, which can make it very difficult to overturn them on appeal.
Some family court decisions you may appeal include:
- Parenting time
- Child support
- Division of property
- Maintenance (spousal support)
If you believe there was a mistake or the judge did not apply the law correctly during your family law or divorce proceedings, you should speak with one of our Colorado appellate attorneys at The Harris Law Firm as soon as possible. A notice of appeal must be filed within 49 days of the written order. If you miss that deadline, you will lose your opportunity to file an appeal.
Four Possible Outcomes:
- Reversal. This means the court decides the initial decision in your case was wrong and the decision is vacated.
- Remand. The Appellate Division sends your case back to family court to be heard again.
- Affirm. The first decision of the family court is held to be correct and your decision stays the same.
- Modification. The Appellate Division can change a part of the initial decision.
Parties should also know that filing a motion for appeal will not put a hold on a family court order. To put the order on hold, you must first speak with an appellate attorney at The Harris Law Firm who can a request a stay with the court which will delay the order from going into effect for a short period of time.