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.
If you are searching for a New York Family Court appeals attorney, our firm brings decades of experience helping parents protect their rights through the appellate process.
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 new trials. Instead, the appellate court examines the record to determine whether the lower court made legal or procedural errors that affected the outcome. You cannot introduce new evidence; you must show that the law was applied incorrectly or that your rights were violated.
Common types of cases 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
For more on family law in New York, visit our Family Law Practice page.
Time Limits: Family Court Act § 1113
Strict deadlines govern appeals. Under Family Court Act § 1113, you must file a notice of appeal within:
- 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.
Unlike other civil cases, the deadline does not depend on a notice of entry. Missing these deadlines is fatal—your appeal will be dismissed. See the NY Courts FAQ on Family Court appeals for more.
What Types of Orders Can Be Appealed?
Final Orders (Appealable as of Right – FCA § 1112(a))
- Final orders of disposition (custody awarded, neglect sustained, termination of parental rights).
- Orders resolving the entirety of a proceeding.
Non-Final Orders (Appealable by Permission)
Some orders require leave to appeal from the Appellate Division. These include:
- Procedural rulings (e.g., discovery disputes).
- Interim or temporary orders.
- Pretrial evidentiary rulings.
The appellate court may grant permission if the issue is significant or the risk of injustice is high.
For parent-friendly explanations, see Family Legal Care’s guide to appeals.
How Do I File an Appeal?
Working with a skilled New York Family Court appeals attorney ensures every procedural step is handled correctly:
- Filing the Notice of Appeal – Must be filed with Family Court and served on all parties within the statutory time frame.
- Perfecting the Appeal – Preparing and serving the appellate record, transcripts, briefs, and motions in accordance with CPLR § 5526 and Appellate Division rules.
- Securing the Transcript – Ordering and including a certified transcript of the Family Court proceedings.
- Submitting Legal Briefs – Drafting persuasive arguments showing how the Family Court erred and why reversal or modification is required.
We also handle motions for stays, emergency relief, and poor person applications.
Standards of Review
The Appellate Division does not retry your case—it reviews for errors. Common standards include:
- Abuse of Discretion: Was the judge’s ruling arbitrary or unsupported by law?
- Substantial Evidence: Was there enough evidence to support the findings?
- De Novo Review: For questions of law, the appellate court may review from scratch.
- Best Interests of the Child: Central to custody and visitation appeals.
Our attorneys tailor arguments to the standard that applies in your case.
Why Appeals Are Often Dismissed
Many Family Court appeals are dismissed before reaching the merits because of:
- Missed deadlines for the Notice of Appeal.
- Failure to serve all parties.
- Failure to perfect the appeal on time.
- Attempting to appeal from a non-appealable or consent order.
Avoiding these pitfalls requires experienced appellate counsel
Appeals Involving ACS, CPS, and OCFS
Some cases involve parallel proceedings with child protection agencies. For example:
- Appeals of indicated ACS or CPS cases may follow administrative and judicial review paths. See our page: Appealing Indicated ACS or CPS Cases.
- OCFS registry decisions may require a separate Article 78 appeal.
Appeals and the Attorney for the Child (AFC)
Children have a right to representation under Family Court Act § 241. The AFC may:
- File an appeal on behalf of the child.
- Submit appellate briefs.
- Argue independently of the parents.
In some cases, the AFC is the only party to appeal—another reason to have strong representation.
Why Choose Gilmer Law Firm PLLC?
- Focused on Appeals: We regularly handle custody, neglect, ACS, and parental rights appeals.
- Brooklyn-Based, Citywide Reach: Serving clients in all five boroughs.
- Aggressive & Thorough: Appeals demand detail-oriented, relentless advocacy.
- Flexible Payment Options: We believe access to justice should be affordable.
With over two decades of experience, Attorney George M. Gilmer, Esq. and his team have built a reputation for effective appellate advocacy in Family Courti cases.
FAQs About Family Court Appeals
How long do I have to appeal a Family Court decision?
Generally, 30–35 days depending on how you received the order.
Can I appeal without a lawyer?
Technically yes, but appeals are highly technical. Hiring a New York Family Court appeals attorney or lawyer significantly improves your chances.
What are the chances of winning an appeal?
It depends on the strength of the record and the legal issues involved.
Take Action Before Time Runs Out
Family Court appeals move quickly. Missing a filing deadline can end your case before it begins. Don’t wait—consult with an experienced New York Family Court appeals attorney today.
Call (718) 864-2011 or contact Gilmer Law Firm PLLC now to protect your rights.