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.
CONTACT OUR FIRM
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.