At Gilmer Law Firm, PLLC, located in Brooklyn, New York, we understand how life-altering Family Court decisions can be—especially when they involve your children, parental rights, or your reputation. If you believe the Family Court has made an error in your case—whether due to improper findings, procedural mistakes, or a misapplication of the law—appealing that decision may be your next step toward justice.
This page is designed to help you understand the Family Court appeal process in New York State, including:
- Types of appealable orders
- Statutory deadlines
- Procedural requirements
- Standards of law
- Key appellate issues
Whether your case involves child custody, abuse or neglect, child support, or an indicated report from ACS/OCFS, our experienced family law attorneys can guide you through the complex appeals process and fight for your rights in the Appellate Division.
What Is a Family Court Appeal?
A Family Court appeal is a formal request to a higher court—the Appellate Division of the New York State Supreme Court—to review a final or significant decision made by a Family Court judge. Appeals are not retrials. Rather, they are legal arguments that the lower court made a legal or procedural error in your case that materially affected the outcome.
Common case types that may be appealed from Family Court include:
- Child custody and visitation determinations
- Termination of parental rights (Article 6 & 10 proceedings)
- Abuse or neglect findings (Article 10)
- Support orders (child or spousal)
- Orders of protection (Article 8)
- Adoptions and guardianship rulings
- Denials of motions to vacate or dismiss
Time Limits to Appeal: Family Court Act § 1113
Time is of the essence in Family Court appeals. New York law imposes strict deadlines:
- 30 days from the date the order is served on you (or your attorney) by a party or the child’s attorney;
- 30 days from the date you received the order in court; or
- 35 days from the date the order was mailed by the clerk of the court—whichever is earliest.
If you miss the deadline, you may lose your right to appeal forever. Unlike other civil cases governed by the CPLR, service of a notice of entry is not required to begin the appeal clock in Family Court. The statutory deadlines under the Family Court Act control.
What Types of Orders Can Be Appealed?
The appealability of a Family Court order depends on whether it is considered a “final order” or a non-dispositional/interlocutory order.
Final Orders (Appealable as of Right) – Family Court Act § 1112(a)
These include:
- Final orders of disposition (e.g., custody awarded, neglect sustained, termination of parental rights)
- Orders resolving the entirety of a proceeding
Non-Final Orders (Appealable by Permission)
You must seek leave to appeal from the Appellate Division if the order:
- Is procedural in nature (e.g., denial of a motion)
- Does not resolve the core issues of the case
- Involves pretrial rulings on evidence or discovery
The Appellate Division has discretion to grant or deny leave based on the importance of the issue or the potential for injustice.
How Do I File an Appeal?
Filing an appeal involves several key steps. At Gilmer Law Firm, we assist our clients with:
- Filing the Notice of Appeal: This one-page document must be filed with the Family Court and served on all parties within the statutory time frame.
- Perfecting the Appeal: Includes preparing and serving the appellate record, transcripts, briefs, and motion papers in accordance with the rules of the Appellate Division (see CPLR § 5526 and local rules).
- Securing the Transcript: A transcript of the original Family Court proceedings must be ordered and included in the appellate record.
- Submitting Legal Briefs: Your attorney will draft a persuasive legal argument explaining how the Family Court erred and why the decision should be reversed or modified.
We also represent clients in motions for poor person relief, stays pending appeal, and emergency relief where appropriate.
Standards of Review: How Appellate Courts Decide
The Appellate Division does not retry your case or reweigh evidence—it reviews the record for legal error or abuse of discretion.
Some of the common standards include:
- Abuse of Discretion: Whether the judge made a decision that was arbitrary, capricious, or not based in law.
- Substantial Evidence: Whether there was enough evidence in the record to support the findings.
- De Novo Review: In limited cases, the appellate court may review questions of law from scratch (e.g., statutory interpretation).
- “Best Interests of the Child”: This standard governs many custody and visitation appeals.
We tailor our appellate strategy to the applicable standard to maximize your chances of success.
Why Appeals Are Often Dismissed
Many Family Court appeals are dismissed before they are even considered on the merits. Common reasons include:
- Missed deadline to file the Notice of Appeal
- Failure to serve all necessary parties
- Failure to perfect the appeal within required time frames
- Attempting to appeal from a non-appealable or consent order
For example, in Fraser v. Fraser, the Appellate Division dismissed the appeal because the mother filed her notice more than 30 days after receiving the order, in violation of Family Court Act § 1113.
Avoiding these mistakes requires experienced appellate counsel who understands both the legal and procedural nuances.
Can I Appeal an Indicated Report or Administrative Finding?
Yes—but the process is different. While you can challenge an indicated report of child maltreatment through an administrative hearing under Social Services Law § 422, an unfavorable outcome can be appealed to the Appellate Division via an Article 78 proceeding.
The statute of limitations for filing an Article 78 petition is four months from the date of the OCFS decision. Unlike Family Court appeals, these are civil special proceedings filed in the Supreme Court and follow different rules.
Appeals Involving Children and the Attorney for the Child
Minors are entitled to representation throughout the Family Court process, including appeals, under Family Court Act § 241. The Attorney for the Child (AFC) can:
- File an appeal on behalf of the child
- Submit an appellate brief supporting or opposing your appeal
- Argue in court independently of either parent
In some cases, the AFC may be the only party to appeal—especially if a parent is unrepresented or unable to proceed. This highlights the importance of competent counsel on appeal to protect the child’s best interests.
Our litigation and appellate experience allows us to identify reversible error and argue effectively before the Appellate Division.
Why Choose Gilmer Law Firm, PLLC for Your Family Court Appeal?
With over two decades of experience in New York Family Court and Appellate Division practice, Attorney George M. Gilmer, Esq. and his team understand the emotional, financial, and legal stakes involved in family law appeals.
We offer:
✅ Deep knowledge of Family Court procedure and appellate law
✅ Customized appellate briefs rooted in case law and statutory authority
✅ Compassionate representation from start to finish
✅ Transparent communication and updates throughout your case
Our firm has earned a reputation for aggressive, ethical advocacy and has helped countless families in Brooklyn and beyond protect their rights through the appellate process.
Ready to File an Appeal? Contact Us Today
If you’re unhappy with a Family Court decision and believe your rights were violated or the law misapplied, don’t wait.
🕒 Time is limited—call us now to preserve your right to appeal.
📍 Gilmer Law Firm, PLLC
Brooklyn, NY Family Law Appeals Attorney
📞 718-864-2011
🌐 www.gilmerlegal.com
Let our experience be your advantage in navigating New York’s complex family law appellate system.