Family law Appeals

Denver, CO Family Law Appeals Attorney

Family law issues can be difficult to maneuver. No matter how prepared you may be, it’s easy to feel overwhelmed by the process and the emotions that accompany it. For many people, family is extremely important. Therefore, when the law and your family intersect, it’s easy to become protective.

Often, family law cases are the result of an unfortunate circumstance. Child custody cases are typically a direct consequence of divorce or a break up, for example. Property division ensues when a couple splits up. In some of these scenarios, individuals are not mentally or physically prepared for the process at hand, and the case does not go well for them.

No matter the situation, it’s important for you to know that a family law order does not need to be permanent. Just as with other areas of law, it’s possible to modify or sometimes appeal the decision. If you believe that the court did not consider all the information or misapplied the law, an appeal may be appropriate.

Kinnett & Cordes: Your Family Law Appeals Attorneys

Our firm has been working in the family law sector for many years. With decades of combined experience, we provide expert advice that is unparalleled in our industry. No other Denver family law firm provides the same level of expertise, strategy, and tenacity as we do. You can count on us to protect what matters most.

Though the appeals process can be complicated, our decades of experience provide us with the confidence to win your appeal. We understand that the legal system isn’t always perfect, and we work diligently to correct errors of law that may occur.

What Is a Family Law Appeal?

An appeal may be appropriate when a judge makes a decision that is not based on the evidence at hand or did not correctly apply the law to your case. Though these situations are rare, they do occur. An appeal is a process by which we show the court that the judge made a mistake and that your case should be reconsidered.

Appeals can happen in family law cases of all kinds, including:

• Divorce
• Child custody
• Child support
• Spousal support
• Property division

If you believe that a judge misinterpreted the facts or misapplied the laws in your case, our team can help you to decide whether to file an appeal.

Statute of Limitations

You do not have long to file an appeal in Colorado family law court. In fact, the window of time is between 14 and 49 days. To begin your appeal, you must have the written order, which can take some time as well. Time is of the essence in these cases. With only weeks to file your appeal, it’s important to begin working right away.

Why Do I Need a Colorado Family Law Appeals Attorney?

With such a short window of time for you to create an appeal, it’s essential to have legal representation to help. The process moves quickly, and we must build a viable case in a very short amount of time. Trying to navigate this process on your own can feel impossible.

It’s also important to remember that your family is at stake in these situations. Whether you are appealing a decision surrounding financial support, divorce, or custody, hiring a Denver Family Law Appeals attorney is absolutely essential.

Outcomes of a Family Law Appeal

If you successfully submit your appeal, there are only a few ways that the decision can go. It’s important to understand the possible outcomes as you navigate the appeals process.

• Reversal. In many cases, a reversal is ideal. This is when the court sees that the judge made a mistake and vacates their order.
• Affirm. Affirm. This is usually the worst-case scenario for you as an appellate. An affirmation means that the court upholds the verdict, and everything stays the same, despite your appeal.
• Remand. In this scenario, your decision is sent back to a family law court to be heard again.

It’s important to note that you cannot call new witnesses or add to a trial during the appeals process. No new information can be added. The appeals process is simply a review of the information that has already been presented.

Because of this, not everyone can file an appeal. You are not able to do so simply because you do not agree with the court’s decision. You must believe that a true error or transgression has occurred.

Filing for Modifications

In many family law scenarios, circumstances change. In some cases, changes mean that the current agreements no longer work for those involved. In these scenarios, you may apply for a modification from the court to have the agreement altered to reflect the current situation.

For example, if you previously lived outside of the state of Colorado and are now moving back to be near your children. Your previous custody arrangement was likely written as if you lived in separate states from the other parent and your children. Now that you are moving back, you may apply for a modification of the parenting time arrangement that accounts for the closer proximity to your children.

Modifications are different from appeals. A significant amount of time must pass, and a substantial and continuing change of circumstances must occur. However, it is a valid option in some situations when an appeal fails.

Contact Kinnett & Cordes Today

If you are looking to file an appeal, modification, or have any other family law case on your hands, you can trust our team at Kinnett & Cordes. Time is of the essence. Contact us via our website today.