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.
