Judges and magistrates can make mistakes in family law cases, and there are limited options to appeal incorrect orders in domestic relations proceedings relating to custody and divorce. To successfully appeal a family court judge you must identify a mistake that was made by the judge; an appeal is not the same as asking for second opinion if you are just unhappy with the outcome. Common mistakes include applying the law incorrectly or making factual determinations that were not supported by evidence at trial.
Our Fort Collins, Colorado family law appellate attorneys can help appeal decisions relating to: Property Division, Maintenance, Parenting Time and Decision Making. We represent clients who wish to appeal their Colorado family law case throughout all of Colorado.
On appeal the Court may:
• Affirm the decision, meaning the order was correct;
• Reverse the decision, meaning the court made a mistake and the judgement needs to be corrected;
• Remand the decision back to the court for additional proceedings; or
• Modify the decision by changing or adding to the court’s decision.
When a judge makes a mistake their decision can be appealed to the Colorado Court of Appeals. A Notice of Appeal must filed within 49 days or the opportunity to appeal the district court’s findings will be lost. If you are considering appealing a district court judge then you should also consider post-trial relief by asking the Judge to reconsider his decision pursuant to C.R.C.P. 59 or C.R.C.P. 60.
When a magistrate makes a mistake a review of the magistrate’s decision should be requested pursuant to C.R.M. 7 (Colorado Rules for Magistrates, Rule 7). When a petition for review is filed the chief judge of the judicial district should either review the magistrate’s decision or assign the review to another district court judge. The time to file a petition to review a magistrate’s decision is either 14 or 21 days depending on the circumstances. If this deadline is missed then you may.
"I am very appreciative of Toms services. English is a second language to me, and this process seemed difficult because of that barrier. He was very patient and thorough making sure I understood everything before he proceeded. I will recommend him to everyone! He truly cares about you, as does his wonderful, helpful team"
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"I had a very challenging case, one that could have had indefinite financial consequences. Tom Cossitt evaluated my case and identified several strategies for moving forward. I chose one and Tom developed and implemented that strategy with speed and with the utmost in professionalism. The documents he drafted on my behalf, based on extensive research and case law / precedent were thorough and comprehensive. When the Court ruled, it used the arguments as developed by Tom Cossitt verbatim in its decision, and the case was decided in my favor. Needless to say, I was pleased beyond words. Based on my experience and the outcome of my case, I would highly recommend Tom Cossitt to anyone requiring the services of a family law attorney."
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"I met with as many as 10 different attorneys before coming across Thomas. After our initial consultation, I was very pleased with his knowledge and realistic expectations. During the really tough time, Thomas kept me calm and helped tremendously to get custody of my daughter. He kept me informed on what was going on and would ask for my input; if it was something that was unrealistic or could be done a different way, Thomas would tell me right away. During the hearings, he was amazing. He kept a professional attitude and was great at cross examinations. He took in all of the facts and evidence, and was able to present them efficiently and effectively. Ultimately helping me gain custody of my child."
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