Westchester County Appeals Lawyer
Not all decisions made by the court are set in stone. Sometimes, the court simply gets things wrong. Very wrong. If the court recently handed down a child custody order, support order, or decision on the division of marital assets that you strongly disagree with, there may still be an avenue for changing the outcome. The Westchester County family appeals lawyers at The Law Office of Robert S. Sunshine, P.C. may be able to overturn the decision by taking the matter to an appellate court.
What Court Decisions Can Be Appealed?
All family law and divorce matters can be appealed if there is evidence that the court’s decision was erroneous or unfair. These family law matters include the following:
- Child custody
- Child support
- Spousal support
- Division of marital assets
When to Appeal
Ex-spouses and parents who wish to alter the original court decision must take their case to the New York Supreme Court Appellate Division. You must have a good reason for doing so. Simply disagreeing with the original judge’s decision because you do not like the outcome is not reason enough to appeal. There must be clear evidence that the judge made a mistake, made a poor interpretation of the law, or misused information to come to their decision.
New York Family Court Appeals Process
The first step in the appeals process is for your attorney to file a Notice of Appeal, which must be done within 30 days of the original judgment. It is important to start this process as soon as possible to allow for the maximum amount of preparation time for you and your attorney. It is vital that you work closely with your attorney throughout the appeals process—which can take more than a year—due to the many complications, deadlines, and required filing dates for this process.
How the Appeals Process Works
The appellate is the person bringing the matter to the appellate court. The respondent is the other party (ex-spouse or parent). We have experience representing both parties in appeals cases, during which the court will hear all of the original evidence brought in the first hearing; each party has the opportunity to submit oral and written arguments during an appellate hearing. If the court sides with the original decision, no modification to the original court order will occur. If the court sides with the appellate and confirms that errors were made in the original case, the court may take the following options:
- Modify the original decision
- Reverse the decision
- Send the case back to a lower court
A Westchester County Appeals Lawyer is a Phone Call Away
The appeals process is long and complex. This route should only be taken if you have a strong belief that the court made an error in your case. Whether you are the appellate or the respondent, The Law Office of Robert S. Sunshine, P.C. is here to offer legal assistance. Call the Westchester County appeals lawyers today at 845-735-1300 to schedule a free consultation.
