Separation Of Family Figure Cut Out In Front Of Judge Gavel

Family Court decisions in New York affect custody, safety, and financial responsibilities. If a judge applied the law incorrectly or made findings unsupported by the record, you may be able to appeal. A Family Court appeal asks the Appellate Division to review the ruling for legal or procedural errors. At The Gilmer Law Firm, PLLC, we represent clients across New York who need clear guidance and timely action on these appeals.

Why Choose The Gilmer Law Firm

We help parents and families pursue Family Court appeals by offering:

  • Over two decades of appellate experience in custody, neglect, support, and parental-rights matters
  • Detailed review of the record to identify errors that affected the outcome
  • Clear explanations so you understand what can be appealed and what cannot
  • Strategic briefing and argument tailored to New York appellate standards
  • Guidance through tight filing deadlines and procedural steps
  • Responsive communication so you always know where your case stands

What Is a New York Family Court Appeal?

A Family Court appeal asks the Appellate Division to review the lower court’s decision for legal or procedural errors. It is not a new trial. Instead, the appellate court looks at the record to determine whether the judge made a mistake that changed the result. You cannot submit new testimony or documents, so the strength of the appeal depends on what happened in the original case.

People commonly appeal Family Court decisions involving:

We will help you determine whether the order in your case can be appealed and what arguments may be available.

What Is the Deadline to Appeal a Family Court Order in New York?

New York imposes strict timelines. In most cases, you must file a notice of appeal within 30 to 35 days, depending on how and when the order was served. If this deadline is missed, the appeal cannot move forward. Because these timelines run quickly, contacting us early ensures that we can preserve your rights.

What Types of Family Court Orders Can I Appeal in New York?

Final orders in custody, neglect, support, and parental-rights cases can typically be appealed as of right.

Temporary or interim orders, or certain procedural rulings, may require permission from the Appellate Division.

Part of our role is assessing whether the court’s ruling is appealable and advising you on the next steps.

How the Family Court Appeals Process Works

Appeals involve several steps, each with specific rules. We will handle:

Filing the Notice of Appeal

This preserves your right to seek review and must be completed and served within the deadline.

Preparing the Record and Transcripts

Appellate courts review what happened in Family Court, so transcripts and documents must be assembled accurately.

Writing the Legal Briefs

We prepare arguments that show how the court erred and why the decision should be reversed or modified.

Oral Argument (when permitted)

Some cases are decided on the papers, while others involve argument before a panel of justices.

We also represent clients in stay applications, emergency requests, and motions required during the appeal.

How Does the Appellate Division Review Family Court Decisions?

The Appellate Division reviews cases using standards such as:

  • Abuse of discretion, when the court reached a decision without supporting law or evidence
  • Substantial evidence, which examines whether the record reasonably supports the finding
  • De novo review, which applies to certain questions of law
  • Best interests of the child, which guides custody-related appeals

We craft your legal arguments based on the specific standard that applies to your case.

Why Do New York Family Court Appeals Get Dismissed?

Appeals often fail for procedural reasons rather than the underlying facts. Common issues include:

  • Missing the appeal filing deadline
  • Appealing an order that is not appealable
  • Failing to serve all required parties
  • Not perfecting the appeal by the deadline
  • Attempting to raise new evidence

Our role is to prevent these issues and keep your appeal moving forward.

Appeals Involving ACS, CPS, and Child Protective Findings

Cases involving child protective agencies often involve complex procedures. We help clients appeal:

  • Abuse or neglect findings
  • Indicated ACS or CPS reports
  • OCFS registry determinations (which may require a separate Article 78 proceeding)

We also coordinate with Attorneys for the Child (AFC) when they participate independently in the appellate process.

When Should You Contact a Family Court Appeals Attorney?

You should reach out if:

  • You believe the judge misunderstood the evidence
  • Key testimony or documents were excluded
  • The law was applied incorrectly
  • You lost custody or parenting time and believe the court’s reasoning was flawed
  • Your parental rights were terminated
  • The court issued findings that affect your reputation or future cases

We will review your order, evaluate potential appellate issues, and explain your options clearly.

Protect Your Rights With Skilled Appellate Representation

Appeals move quickly and require careful preparation. The sooner we begin, the better positioned you are to pursue a correction of the court’s decision. Contact The Gilmer Law Firm, PLLC, today to discuss your case and take timely action.

Frequently Asked Questions 

Can I ask the court to pause the original order while I appeal?

In some cases, yes. We can request a stay, but approval depends on the facts and type of order.

Do appeals change temporary orders?

Most temporary orders remain in place unless the appellate court grants specific relief.

Is an appeal my only option?

Some situations may allow a motion to reargue or renew, or a request to modify the order based on new circumstances.