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Family court decisions in Colorado can have a profound impact on your life, affecting issues such as child custody, spousal maintenance, and the division of marital assets. If you believe that the court’s decision was unjust or legally flawed, you may have the option to appeal. However, appealing a family court decision is not simply a matter of disagreeing with the outcome.

You must have valid legal grounds to challenge the ruling. This blog post explores the common grounds for appealing a family court decision in Colorado and what you need to know before proceeding with an appeal.

What Are the Grounds to Appeal a Colorado Family Court Decision?

Legal Errors

One of the most common grounds for appealing a family court decision is the presence of legal errors. A legal error occurs when the judge misinterprets or misapplies the law. For example, if the judge applied the wrong legal standard in determining child custody or incorrectly calculated spousal maintenance based on inaccurate legal guidelines, these could be considered legal errors.

To successfully appeal on the basis of a legal error, you must demonstrate that the error affected the outcome of the case. Simply put, the appellate court must find that the decision would likely have been different if the error had not occurred. Legal errors are typically identified by reviewing the judge’s written opinion or the transcripts of court proceedings.

Abuse of Discretion

Another ground for appeal in family court cases is abuse of discretion. Judges in family court are granted a certain amount of discretion when making decisions, particularly in areas such as child custody, parenting time, and spousal maintenance. However, this discretion is not unlimited. If a judge makes a decision that is unreasonable, arbitrary, or not supported by the evidence presented, it may constitute an abuse of discretion.

For example, if a judge awarded sole custody to one parent without sufficient evidence to support the decision, or if the judge’s ruling appears to be influenced by personal bias, these actions may be challenged on the grounds of abuse of discretion. Proving abuse of discretion can be challenging, as it requires showing that the judge’s decision was not just wrong, but fundamentally unreasonable based on the facts and law.

Procedural Errors

Procedural errors occur when the court fails to follow the correct legal procedures during the case. This can include issues such as improper notice, failure to allow a party to present evidence, or not following the rules of evidence. Procedural errors can undermine the fairness of the trial and may be grounds for an appeal if they affected the outcome of the case.

For instance, if one party was not given adequate notice of a hearing or was denied the opportunity to cross-examine a witness, these procedural violations could be grounds for appealing the court’s decision. The appellate court may reverse the decision or remand the case for a new trial if it finds that a significant procedural error occurred.

Insufficient Evidence

In some cases, an appeal may be based on the argument that the judge’s decision was not supported by sufficient evidence. Family court judges are required to base their rulings on the evidence presented during the trial. If a judge’s decision appears to be based on speculation, personal beliefs, or evidence that was not properly admitted, this may be grounds for appeal.

However, appealing on the basis of insufficient evidence is difficult because appellate courts generally defer to the trial judge’s findings of fact. The appellate court will not re-weigh the evidence but will review whether the evidence presented at trial was legally sufficient to support the judge’s decision.

Colorado’s Family Court Appeals Process

Appealing a family court decision in Colorado is a complex and time-sensitive process. Typically, you must file a notice of appeal within 49 days of the final order. The appellate court will review the record from the original trial, including transcripts, evidence, and legal arguments. No new evidence is allowed on appeal, so the focus is on identifying legal errors or abuses of discretion that occurred during the original proceedings.

Given the complexity of the appeals process, it is essential to work with an experienced family law attorney who understands the specific grounds for appeal and can effectively present your case to the appellate court.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.