What are the steps in appealing a family law decision?
When you dissolve your marriage, it’s possible that the outcome of your case might not align with your wishes. If you feel unhappy with the judge’s decision, you can challenge the decision by filing an appeal. Keep reading to learn how to appeal a family law decision and discover how a qualified Nassau County Family Law Attorney can advocate on your behalf.
What family law matters can be appealed in New York?
In New York, regardless of the reason you are in family court, you can file an appeal to challenge the judge’s ruling. Therefore, you can file a request for family law issues about child custody, child support, alimony, and more. However, it is imperative to note that you cannot appeal a family court decision simply because you do not agree with the outcome of your case. Instead, you can only file an appeal if you believe the judge has abused their power or made an erroneous decision. Therefore, if you believe the judge has made an error or mistake, you can file an appeal to have a family court order overturned.
How long do I have to file an appeal?
If you want to appeal a family court ruling in New York, it’s critical to act quickly because there’s a restricted time window. Once the judge serves the order, you only have 30 days to appeal. If you fail to file your appeal within this time frame you will lose your opportunity to challenge the judge’s ruling. However, before filing an appeal, you should discuss your options with a seasoned attorney. Challenging a family court ruling can be a time-consuming and costly process. Even so, it may be worth it if it leads to a more favorable outcome. You should first consider whether the judge had the authority under the law to make the decisions outlined in the decree. You should also consider whether there is a risk that an appeal will encourage a cross-appeal by your former spouse and the likelihood of the success of the appeal. While you can file an appeal, it doesn’t guarantee a reversal or alteration of the court’s ruling.
After discussing your options with a qualified attorney, you may decide to file an appeal. If this is the case, you will need to obtain a Notice of Appeal, a copy of your order to file an appeal, a Request for Appellate Division Intervention Form (RADI), and a receipt from the Postal Authorities of mailing to your adversary. Once you have submitted these documents, the appeal process can begin.
The deadline to file an appeal is very short. Therefore, it is critical to retain a trusted and determined attorney from The Pollack Law Firm, P.C. With years of experience, you can trust our firm to guide you through your legal matters and protect your rights.
