Family law Appeals

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, 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 verdict does not need to be permanent. Just as with other areas of law, it’s possible to appeal the decision in your family law case. If you believe that the court did not consider all the information or misapplied the law, an appeal may be appropriate.

Woody Law Firm, LLC: 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 any errors or improper verdicts that may occur.

What Is a Family Law Appeal?

An appeal happens 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 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 21 and 49 days. To begin your appeal, you must have the written verdict, which can take some time as well. Time is of the essence in these cases. With only five 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 is nearly 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 verdict. This means that the decision process begins again on that particular issue.
  • Affirm. This is usually the worst-case scenario for you as an appeal-maker. 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. This often occurs with a different judge.
  • Modification. In these scenarios, the court decides that part of the decision should be modified, as it does not fully reflect the law and the given circumstances.

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 to see if the law was correctly applied to the information given.

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 are denied custody because you are suffering from drug addiction. However, in the three years since the court created your custody agreement, you went to rehab, attended support meetings, and are now 30 months sober. If you wish to have custody privileges, you may apply for a modification to your child custody agreement with the new information. The judge will assess your situation and decide whether a change is appropriate and safe for the child.

Modifications are different from appeals. A significant amount of time must pass, and circumstances must drastically change for a judge to consider making changes. However, it is a valid option in some situations when an appeal fails.

Contact Woody Law Firm, LLC 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 Woody Law Firm, LLC. Time is of the essence. Contact us via our website today.

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