My ex has won majority custody of our children even though he has a child abuse charge, and a recent domestic violence charge which is still in court process. I requested a hearing for a protection order for my ch ildren which doesnt take place until the end of the month. The divorce judge did not want to hear any of that information and in his court orders claimed I had been absent from my childrens lives almost constantly since birth which is completely untrue. I have no criminal record and an investigation is currently under review for my ex and his sexual abuse against me. I feel the ruling regarding my children is completely unjust and would like to know how I file an appeal. Thank you
CAR 4 requires a notice of appeal to be filed within 45 days from entry of the order. You should get counsel to assist you in appealing any custody order as an appeal is a technical time consuming process. The ruling on not admitting relevant evidence may be a strong issue for an appeal.
This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.
Unfortunately, you have not provided enough information for any of us to give you a good answer to your question. It depends on whether this was a case (paternity or dependency and neglect case) in the Juvenile Court (or the District Court sitting as a Juvenile Court) or the District Court in a parental responsibilities, legal separation or dissolution of marriage case. It also depends on whether the order was made by a Judge or a Magistrate, and, if by a Magistrate, what kind of hearing it was and whether the decision was announced from the bench while you were in court or was reduced to writing and sent to you.
You might need to file a motion for review by District Court Judge within 14 days from the date of the order, or you may need to file a notice of appeal with the Colorado Court of Appeals within 45 days from the day the order was entered. It depends.
You need to get in to see an attorney RIGHT NOW, before you lose your right to appeal by failing to assert it in a timely fashion.
You need to be aware that an appeal is not the same thing as a new trial. As for your chance of being successful, that is something you will need to take up with a lawyer who has seen all the paperwork related to your case and heard a lot more detail from you about what happened in the hearing. That is not something that can be assessed based upon the limited information you can provide in this public forum.
Time is of the essence for you with respect to the possibility of an appeal. Might I recommend Ms. Gill to handle that matter for you. She has great experience in the arena of appellate work.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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