HOW OFTEN ARE CUSTODY APPEALS WON IN COLORADO? THE HONEST ANSWER
No one can tell you from official data how often custody appeals are won in Colorado, because the Colorado Judicial Branch does not publish a success rate for them. Its most recent annual statistical report counts how many cases the Court of Appeals disposes of each year, but not how many orders it affirms or reverses, and it does not separate parenting cases from other appeals.
What is clear is why these appeals are hard. The Court of Appeals does not retry the case or hear new evidence, it defers to the trial court's view of the witnesses, and parenting decisions involve broad trial court discretion.
Colorado calls what most people know as custody the allocation of parental responsibilities, meaning decision-making responsibility and parenting time. This guide explains the standard of review, the deadlines (including the 28-day rule for magistrate orders), the record, costs, stays, and when a motion to modify is the better tool.
TABLE OF CONTENTS
- What the Numbers Show
- Why Parenting Appeals Are Hard
- Which Orders Can Be Appealed
- Deadlines You Cannot Miss
- Magistrate Orders Go to a District Judge First
- The Record, Transcripts and Cost
- The Order Stays in Effect During an Appeal
- When a Motion to Modify Is the Better Tool
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
WHAT THE NUMBERS SHOW
The most recent report on the Judicial Branch's annual statistical reports page is for fiscal year 2024 (July 1, 2023 to June 30, 2024). Its Court of Appeals disposition table counts cases by how they ended, not by who prevailed.
| Court of Appeals Dispositions, Fiscal Year 2024 | Number |
|---|---|
| Published opinions | 116 |
| Unpublished opinions | 1,428 |
| Dismissed | 718 |
| Closed and consolidated | 51 |
| Transfers | 7 |
| Total | 2,320 |
These totals cover every kind of appeal, including civil, criminal, juvenile and industrial claims cases. The report does not say how many opinions affirmed, reversed or partly reversed the trial court, and it does not report dispositions for domestic relations cases separately.
The report does track domestic relations appeals as a category of pending cases, but that shows workload, not results. If you see a percentage for Colorado custody appeals, ask where it came from, because it is not from the Judicial Branch's published statistics.
WHY PARENTING APPEALS ARE HARD
An Appeal Is Not a New Trial
The Judicial Branch's Appeals Quick Guide (JDF 1910) says it plainly: you will not be allowed to present new evidence or call witnesses on appeal. The Court of Appeals reviews the trial court's decisions for legal errors, clearly wrong findings, or abuse of discretion, based on the record that already exists.
Deference to the Trial Court
Decisions about parenting time and decision-making turn on the best interests of the child, and the trial court hears the witnesses in person. In In re Marriage of Humphries, 2024 COA 92, the Court of Appeals repeated that it must defer to the trial court's credibility determinations and may not reweigh the evidence.
That means an appeal arguing that the judge should have believed your witnesses, or given more weight to certain facts, faces an uphill path. The stronger appeals usually point to a legal error: the wrong statute or standard, a decision the evidence cannot support, or findings too thin to explain the result.
What a Successful Appeal Can Look Like
Humphries is an example. The Court of Appeals reversed an order that shifted decision-making responsibility as a remedy in a parenting time dispute, because the trial court used the wrong statute instead of the modification standard in C.R.S. 14-10-131. It also reversed a civil fine because the trial court did not explain how it arrived at the amount.
Even then, the usual result of a reversal is a remand: the case goes back to the trial court to decide again under the correct standard. A reversal does not mean the appealing parent automatically gets the parenting schedule they wanted.
WHICH ORDERS CAN BE APPEALED
An appeal to the Court of Appeals starts from a final written order. In a divorce or allocation of parental responsibilities case, that is typically the permanent orders, or a final order on a later motion such as a motion to modify parenting time.
An order that leaves part of an issue undecided is generally not final on that issue. In Humphries, for example, the appeal of an attorney fee award was dismissed because the trial court had not yet set the amount.
Colorado's appellate path runs from the district court to the Court of Appeals. After the Court of Appeals rules, a party can ask the Colorado Supreme Court to review the case by filing a petition for certiorari, which that court may grant or deny.
DEADLINES YOU CANNOT MISS
| Step | Deadline | Where It Comes From |
|---|---|---|
| Motion for post-trial relief in the district court (C.R.C.P. 59), optional | Within 14 days of the final order | Judicial Branch instructions for JDF 1911 |
| Petition for review of a magistrate's order | Within 28 days after the order becomes reviewable | C.R.M. 7, for orders issued on or after January 2, 2026 |
| Notice of appeal to the Court of Appeals | Within 49 days of the final written order, or of the order deciding a timely post-trial motion or a petition for magistrate review | C.A.R. 4; Judicial Branch JDF 1910 and 1911 |
The Court of Appeals must receive the notice of appeal by the deadline; postmarks do not count, according to the Judicial Branch's instructions for the notice of appeal (JDF 1911). A post-trial motion changes the starting date of the 49 days only if it was filed on time.
If the district court does not rule on a timely post-trial motion within 63 days, C.R.C.P. 59(j) treats the motion as denied, and the 49 days start running then. Do not wait for a written ruling that may never come.
MAGISTRATE ORDERS GO TO A DISTRICT JUDGE FIRST
If a magistrate rather than a district judge signed the order, you cannot go straight to the Court of Appeals. The Colorado Supreme Court amended the Colorado Rules for Magistrates in Rule Change 2025(18), adopted September 4, 2025. As corrected, the amendments apply to orders issued on or after January 2, 2026.
Under amended C.R.M. 7, you file a petition for review with the district court no later than 28 days from the date the order becomes reviewable. An order is reviewable once it is written, dated and signed by the magistrate, and a signed minute order counts.
- Reconsideration. A motion asking the magistrate to reconsider or correct a clerical error is due within 14 days after the order becomes reviewable, and a timely motion pauses the 28-day clock until the magistrate rules.
- The district judge's review. The judge accepts the magistrate's findings of fact unless they are clearly erroneous and reviews conclusions of law fresh. If no transcript was requested, the judge presumes the record supports the findings.
- Timing. If the district court has not decided the petition within 91 days after it was filed, the magistrate's order is deemed adopted, and the appeal period runs from then.
- No petition, no appeal. If no timely petition is filed, the magistrate's order becomes the district court's order, and no appeal may be taken.
- Consent cases. If the parties consented to the magistrate, the district court confirms that consent was properly given and then directs the parties to file any appeal within 49 days.
Orders issued before January 2, 2026 were governed by the earlier version of the rule, which had shorter deadlines. If your order predates that change, have a lawyer confirm which version applies.
THE RECORD, TRANSCRIPTS AND COST
The appeal is decided on the record: the trial court filings and the transcripts of the hearings you designate. If you do not provide a transcript, the Court of Appeals will assume the testimony supports the order, and the cost of a transcript cannot be waived.
- Filing fees. The Judicial Branch's List of Fees shows $253 for the appellant and $178 for the appellee in the Court of Appeals. Fees are governed by statute and can change.
- Transcripts. The Appeals Quick Guide estimates transcripts at about $150 per hour of court time, ordered and paid for through the district court, and notes that costs vary.
- Briefs. Under that guide, the opening brief is due 42 days after the record is sent, the answer brief 35 days after the opening brief, and the reply brief 21 days after the answer brief.
- Time. The guide estimates that an appeal takes about one to two years.
- Risk of costs. If you lose, you may owe the other party's costs and possibly attorney fees.
You do not need a lawyer to file an appeal, and the Judicial Branch publishes forms for self-represented parties. You are held to the same rules and deadlines as a lawyer, though, and the briefs must identify legal errors in the record rather than retell the case.
THE ORDER STAYS IN EFFECT DURING AN APPEAL
Filing an appeal does not pause the parenting plan. To delay any part of a final order while the appeal is pending, you file a motion for a stay with the district court first and, if it is denied, with the Court of Appeals under C.A.R. 8, as the Judicial Legal Help Center's stay instructions explain.
Until a court grants a stay, follow the order. Ignoring it can lead to contempt, as our article on contempt of court in Colorado Springs explains.
WHEN A MOTION TO MODIFY IS THE BETTER TOOL
An appeal looks backward at whether the trial court made a legal error on the record it had. A motion to modify looks at what has changed since the order and what serves the child now. If your real concern is new facts, such as a move, a change in a parent's situation or a child's changing needs, a modification is usually the right path.
- Parenting time. Under C.R.S. 14-10-129, the court may modify parenting time when that serves the child's best interests, but a change in the parent with whom the child lives most of the time requires more. Repeat motions of that kind are generally barred for two years after a prior motion is decided, with exceptions.
- Decision-making. Under C.R.S. 14-10-131, the court keeps the existing allocation unless a statutory exception applies, such as agreement of the parties or a finding that the current arrangement endangers the child's physical health or significantly impairs the child's emotional development.
- Cost. The List of Fees shows $105 for a motion to modify a decree or final order filed more than 60 days after the order.
Our Colorado Springs post-decree modifications lawyer page explains how those cases work, and our child custody lawyers in Colorado Springs handle both modifications and enforcement.
FREQUENTLY ASKED QUESTIONS
Do I Need a Lawyer to Appeal a Custody Decision in Colorado?
No. Self-represented parties may file an appeal, and the Judicial Branch publishes forms and instructions, but you must follow the same appellate rules and deadlines as a lawyer.
Can I Bring New Evidence to the Court of Appeals?
No. The Court of Appeals decides the case on the existing record and does not take new evidence or hear witnesses; new facts belong in a motion to modify in the district court.
How Long Do I Have to Appeal a Parenting Time Order in Colorado?
The notice of appeal is due 49 days after the final written order, or after the order deciding a timely post-trial motion or petition for magistrate review. If a magistrate signed an order issued on or after January 2, 2026, you must first file a petition for review with the district court within 28 days after the order becomes reviewable.
Does Filing an Appeal Stop the Parenting Plan From Taking Effect?
No. The order stays in effect unless the district court or the Court of Appeals grants a stay.
How Long Does a Colorado Family Law Appeal Take?
The Judicial Branch's Appeals Quick Guide estimates about one to two years from the notice of appeal to a decision.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
The first decision after a disappointing parenting ruling is often the most important one: appeal, ask a district judge to review a magistrate's order, or wait and seek a modification. The deadlines are short, so it helps to get an honest assessment of the record early.
Our family law appeals page describes how Moran, Allen & Associates Family Law Attorneys handles appellate work. Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation to talk through your situation.
This article is general information about Colorado law as of October 2026 and is not legal advice. Laws and court procedures change, so speak with a licensed Colorado attorney about your own situation.
SOURCES
- Colorado Judicial Branch, Annual Statistical Reports
- Colorado Judicial Branch, Annual Statistical Report, Fiscal Year 2024 (Table 9, Court of Appeals Dispositions)
- Colorado Judicial Branch, JDF 1910, Appeals Quick Guide
- Colorado Judicial Branch, JDF 1911 Instructions, Notice of Appeal
- Colorado Supreme Court, Rule Change 2025(18), Colorado Rules for Magistrates (as corrected; orders issued on or after January 2, 2026)
- In re Marriage of Humphries, 2024 COA 92
- Colorado Judicial Legal Help Center, Motion for a Stay of Action Instructions
- Colorado Judicial Branch, List of Fees
- C.R.S. 14-10-129, Modification of Parenting Time
- C.R.S. 14-10-131, Modification of Decision-Making Responsibility