Child custody and parenting time decisions have a profound impact on families, particularly when emotions run high during divorce or separation. If you are unhappy with the court’s decision regarding custody or parenting time in Colorado, you may have the option to file an appeal. This blog post explores the legal process for appealing child custody decisions in Colorado, emphasizing the importance of working with an experienced family law attorney to navigate this complex area of law.
Understanding Colorado’s Child Custody Appeals Process
In Colorado, decisions about child custody and parenting time are made based on the best interests of the child. Courts evaluate various factors, including each parent’s relationship with the child, the child’s preferences (when appropriate), and the ability of each parent to meet the child’s needs. When one party disagrees with the court’s decision, they may seek to challenge it through an appeal.
What Can Be Appealed?
It’s important to note that not every disagreement with a custody or parenting time decision is grounds for an appeal. Colorado law allows appeals when a legal error has occurred. This could include:
- Misapplication of Colorado custody laws.
- Incorrect procedural rulings that influenced the outcome of the case.
- Evidentiary errors, such as the court’s reliance on inadmissible evidence.
- A ruling that is unsupported by the evidence presented.
An appeal cannot be based solely on dissatisfaction with the outcome; there must be a demonstrable legal basis to argue that the decision was incorrect.
The Timeline for Filing an Appeal
Colorado law imposes strict deadlines for filing an appeal. Typically, a party has 49 days from the date of the court’s final custody order to file a notice of appeal. Missing this deadline generally results in the loss of your right to appeal. Given these time constraints, it is essential to act quickly and consult a Denver family lawyer as soon as possible after receiving an unfavorable custody decision.
Steps in the Child Custody Appeals Process
Appealing a child custody decision in Colorado involves several key steps:
1. Filing the Notice of Appeal
The process begins with filing a notice of appeal in the trial court that issued the original custody order. This document informs the court and the other party of your intention to appeal the court’s decision.
2. Preparing the Record on Appeal
The appellate court will review the trial court’s proceedings to determine whether an error occurred. This requires submitting the “record on appeal,” which includes transcripts of court hearings, evidence presented, and other relevant documents.
3. Drafting the Appellate Brief
The appellate brief is a written document that outlines your legal arguments and explains why the trial court’s decision should be overturned. The opposing party will have the opportunity to respond with their own brief.
4. Oral Arguments
In some cases, the appellate court may schedule oral arguments, where attorneys for both parties present their cases and answer questions from the judges.
5. The Appellate Court’s Decision
After reviewing the briefs and the record, and hearing oral arguments (if applicable), the appellate court will issue its decision. The court may affirm the original order, reverse it, or remand the case back to the trial court for further proceedings.
Key Considerations When Appealing a Custody Decision
Appellate Courts Do Not Reassess Facts
It’s critical to understand that appellate courts in Colorado do not re-evaluate the facts of the case or reconsider evidence. Instead, they focus on whether the trial court correctly applied the law and adhered to proper procedures. If the trial court’s decision is supported by evidence and free from legal errors, the appellate court is unlikely to overturn it.
Appeals Are Complex and Time-Consuming
The appeals process can be lengthy and legally complex, often taking several months to over a year to resolve. This underscores the importance of seeking legal guidance to ensure compliance with procedural rules and the development of strong legal arguments.
Alternative Remedies May Be Available
In some cases, filing a motion to modify custody or parenting time may be a more practical and effective solution than pursuing an appeal. For example, if circumstances have changed significantly since the original order, you may be able to request a modification based on the child’s current needs.
Working with a Denver Family Lawyer
Appealing a child custody or parenting time decision is a highly technical legal process requiring knowledge of Colorado family law and appellate procedure. An experienced Denver family lawyer can evaluate your case, determine whether an appeal is appropriate, and craft persuasive legal arguments to present to the appellate court.
Baker Law Group has extensive experience representing parents in custody disputes, parenting time matters, and family law appeals. Our attorneys understand the emotional toll of these cases and are committed to protecting your parental rights while prioritizing the best interests of your child.
Contact a Denver Family Lawyer
If you are considering appealing a child custody or parenting time decision in Colorado, Baker Law Group is here to help. Our team is ready to guide you through the appellate process, advocate for your parental rights, and pursue the best outcome for your family.
Contact a Denver family lawyer at Baker Law Group today to schedule a consultation and discuss your options.
