You cannot successfully appeal a family law decision simply because the outcome was not what you wanted. You may, however, have grounds to revisit the ruling if you were deprived of a fair trial due to an error of the court or misconduct of others.
Keep in mind that there are strict time limits and other technical rules affecting when and how adverse court decisions may be appealed.
At the family law office of Hogan Omidi, PC, our attorneys prepare and present appeals of rulings in the family courts of the Denver metro area and surrounding counties. Our appellate attorneys have succeeded in overturning adverse lower court decisions to give our clients a new opportunity for justice.
If you think you might have the basis for appeal, contact us today to schedule an appointment.
From Halleh’s interview for the Masters of Family Law series on ReelLawyers.com
Family Law And Divorce Appeals
Court decisions in family law cases can be appealed if there is reason to believe an incorrect ruling was made due to a misinterpretation of the law, misapplication of a rule, an erroneous admission of evidence or a lack of evidence to support the court’s ruling. An appeal must be based on a specific mistake (or mistakes) on the part of the judge, or malfeasance on the part of your ex-spouse and their attorney.
- Division of marital assets
- Sole custody or joint custody
- Parenting plans or visitation schedules
- Child support
- Spousal maintenance (alimony)
- Post-divorce modifications
- Enforcement actions
- Family law arbitrations (when applicable)
Hogan Omidi, PC, can handle your appeal whether or not our attorneys represented you in the original court proceedings.
What’s Involved In A Family Law Appeal?
You have only a limited time in which to appeal from a trial court judgment. A brief must be written outlining the procedural and legal issues that are the grounds for a family law appeal. The Colorado Court of Appeals will not consider new evidence. Typically, the appellate court considers only the appellate briefs and the transcript and other records from the trial. If the appellate judges need additional clarification, the court may request oral arguments by the lawyers.
In some instances, the Court of Appeals will change the trial court decision. In other instances, the case may be sent back to the trial court for a new trial or reexamination of certain issues.
Find Out If You Have Grounds For An Appeal
Our attorneys are experienced in family law appeals and are familiar with the processes involved. We know how to position our client’s case and use case law and precedent to leverage their appeals.