Can I Appeal a Family Law Decision in New York?

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If you get divorced through a New York court, many matters of your divorce will be left in the hands of a judge. A judge will work hard to ensure that your divorce is fair to both parties, but, you may not always agree with the final judgment. In this case, you can file an appeal. You can appeal most family law matters, including child custody, child support, spousal support, division of assets, and more. But, this is not always an easy process. Read on to learn more about appealing a family law decision in New York.

How Does a Judge Determine Family Law Matters?

In order to determine whether to appeal a decision, it is important to understand how and why this decision was made. For example, when it comes to determining matters of child custody, a judge will consider some of the following factors:

  • The parents’ ability to communicate, cooperate and agree regarding matters of the child
  • The parent’s willingness to accept custody and any unwillingness to allow parenting time
  • The relationship of the child with their parents and siblings
  • Any history of domestic violence
  • The safety of the child and the safety of one parent from another
  • The preference of the child when of sufficient age
  • The child’s needs
  • The stability of the home environment
  • The quality and continuity of the child’s education
  • The fitness of both parents
  • The geographical proximity of the parents’ homes
  • The parents’ employment responsibilities

A New York judge will work hard to ensure that the matters of your divorce are fair to both parties involved. Additionally, it is important to know that a judge is working to do what is in your child’s best interest. For this reason, it is important that you do not appeal a decision simply because you disagree with it. Instead, appeals should only be filed if you believe the judge abused his or her discretion, or a rendered an erroneous decision. You should reach out to an experienced family law attorney to discuss your options right away.

How Long do I Have to File an Appeal?

You should know that you only have a small window of time to appeal a family law decision. In New York, once your divorce has been finalized, you will only have a 30-day period to file a notice of appeal.

If you are interested in appealing a family law/divorce decision, reach out to our firm today.


Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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