If you got divorced through the process of litigation, a New York judge ruled on the matters of your divorce. Unfortunately, in some cases, you may not agree with a judge’s decision regarding these matters. Luckily, you may be able to file an appeal. Read on to learn more about the process of filing an appeal in New York.
What matters can be appealed?
A judge may rule on matters of child custody, child support, alimony, and more. If you believe that the judge acted erroneously, or abused his or her discretion, you can file an appeal. That being said, a judge works hard to ensure that he or she rules in a way that is fair and just to both parties. As a result, it is important to speak with an experienced attorney before filing. Filing an appeal can be a long and expensive process, so it is important to think it through and avoid making any rash decisions.
How does a judge determine family law matters?
When making a decision about a family law matter, a judge will take the following into account:
- 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
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 filing an appeal, contact our firm today. We are here to walk you through the process every step of the way.
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.