Can I Appeal a Family Court Decision in New York State?
Yes, you can file an appeal if a judge makes a family court decision that you disagree with. To initiate the appeal, you must submit a Notice of Appeal and pay the required filing fee. The notice must include the names of the parties involved, the case number, and the grounds for the appeal. Facing an unfavorable court decision can be daunting. If you find yourself in this position, it’s important to recognize that you have options.
The appeals process provides an individual the opportunity to have a higher court review the lower court’s ruling and potentially change the outcome. In this article, the Rockland County family law attorneys at The Law Office of Robert S. Sunshine will discuss family court appeals and how they work.
What is an appeal?
An appeal is the process by which a party involved in a legal case asks a higher court to review a decision made by a lower court. Essentially, it’s a request for a second opinion on a specific matter. Hopefully, for the appellant, the higher court changes the decision made by the lower court.
In most cases, the appealing party (known as the appellant) must demonstrate that the lower court made a significant error that impacted the outcome of the case. Errors can include misinterpreting the law, misapplying the law, or procedural errors like denying a fair hearing or admitting evidence that is inadmissible.
The appeals process involves submitting legal arguments and evidence to the higher court, which will review the record of the lower court and issue a decision. The appeals court can either affirm the lower court’s ruling, overturn it, modify it, or send the case back to the lower court for further proceedings.
Which family law decisions are subject to appeal in New York State?
In the State of New York, you generally have the right to appeal a final order from the Family Court, including decisions relating to:
- Child custody and visitation – This includes orders determining where a child will live, who will make decisions on their behalf, and how much time they’ll spend with each parent.
- Child support – This includes orders that establish the amount of child support one parent must pay to the other to provide for the child’s care.
- Spousal support/maintenance – This includes orders regarding whether one spouse must financially support the other as well as how much and for how long.
- Orders of protection – This includes orders designed to protect spouses from domestic violence or harassment.
Talk to a Rockland and Westchester County Family Lawyer Today
The Law Office of Robert S. Sunshine represents the interests of Rockland and Westchester County residents during their divorce. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your case right away.
