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The judge in my case just allowed the relocation of my son with his father. Ho do I file an appeal?

Collbran, CO |

There are many inaccuracies in the court order and I believe they need corrected. I cannot afford an attorney and wonder if there is any way I could have a probono layer do this or help do this.

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Attorney answers 3

Posted

Filing an appeal is a very complex process, requiring an attorney with a high level of skill. I know very few attorneys who will take on an appeal as a pro bono case. You can speak with Colorado Rural Legal Services about this. The real question is whether the inaccuracies in the court order would change the outcome of the case. The answer most often is "no."

Asker

Posted

how can I fight this because of the inaccuracies the court might have ruled differently. is there another option?

David Littman

David Littman

Posted

I am sorry to say probably not.

Posted

"Pro bono" is simply a fancy term for charity. In order to find an attorney who will take you on as a charity case, you will generally need to contact a charity organization such as Colorado Legal Services or Colorado Rural Legal Services. These organizations are funded by grants and donations and, for that reason, can afford to provide service to clients who don't pay for the work.

Generally, in order to have a successful appeal, you will have to show that the judge made a mistake in the application of the law. The Court of Appeals will not second guess the trial judge's determination of credibility of witnesses (who to believe) where there is conflicting testimony. Appeals are difficult and time consuming to pursue. It will be very difficult to manage without an experienced attorney.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Posted

Most counties have resource centers for people without an attorney. In addition, if you contact the Court in your county, they probably can point you in the direction of any legal services that you may qualify for. There are resources here in the Denver Metro area, Metro Volunteer Lawyers - who also may be able to give you contact information for legal services in your area that are offered at a free or reduced rate. In addition, appeals are complicated and have very strict deadlines that must be followed. So you need to act quickly in order to make sure that you are working within those deadlines.

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