It is not uncommon for parents to be disappointed or even furious regarding the court’s custody order, especially if they believe their own input was not taken into consideration. If this has happened to you, you are likely wondering what options you have if you do not agree with the custody order handed down by a family court judge. The first step is to contact an experienced Aurora appeals lawyer who can help you navigate the legal environment when it comes to custody appeals and modifications.
Your Option to Appeal Custody Orders
In any court case, if you do not agree with the judge’s decision, you can file an appeal. This is a request to have a higher court examine the case with the intent to have the judgment changed or reversed. If your request for an appeal is granted, the appeals court will review the evidence presented at trial to determine if a legal mistake was made. Keep in mind that an appeal is not necessarily a second chance at a trial, and the court will not accept additional evidence. If the appellate court determines that an error was made at the initial trial, it can set aside or modify the judgment of the trial court, or it could even order that a new trial be conducted.
Can You Modify the Court’s Custody Order?
Orders for parenting plans are intended by the court to be permanent. Although, under C.R.S. 14-10-1269(2), there are a few factors that will cause them to consider changes that significantly change parenting time or changes the majority residential parent. For example, if:
- The parents agree on the changes
- The child has been integrated into the requesting parent’s family structure with the permission of the other parent
- The majority residential parent is planning to move with the children
- The endangerment standard—If the child’s custody order puts them in imminent physical danger or substantially hinders their emotional development and the harm that could be caused by an environmental change is less than the benefit of a change to the child.
Colorado‘s family courts require that if one parent seeks to modify the court-approved parenting plan, they must prove that the change is in the child’s best interests. The court’s responsibility is to advocate for the child and only approve or order what is best for them.
Will Your Custody Modification or Appeal be Approved?
No legal counsel can guarantee that an appeal or modification request will be approved. Furthermore, even if your appeal request is approved, you may not receive a new custody arrangement. However, working with a well-versed Aurora appeals attorney can help ensure that you are doing everything possible to get your requests approved.
Aurora Appeals Lawyer
Appeals can be complicated, costly, and lengthy. Before filing an appeal, it is best to meet with a seasoned lawyer to find out if you have a basis to appeal and the likelihood of success. If you are interested in attempting to modify your custody orders, you should also seek legal representation. Call CNL Law Firm, PLLC, at (720) 370-2171, or use our online form to schedule your free case review with an experienced Aurora appeals attorney today.
