If you are getting divorced, matters like child custody, child support, and alimony may be left in the hands of a judge. But, you may not agree with the judge’s final decisions. In this case, you can file an appeal. Read on to learn more about the process of filing an appeal in New York.
How does a judge make decisions during a divorce?
Many couples get divorced through the process of litigation. This means that a judge will make decisions regarding the matters of your divorce on your behalf. When a judge makes a decision, he or she works to ensure that the outcome is fair to both parties and any children involved. For example, when making a decision about custody, a judge may consider the following factors:
- Each party’s ability to provide financially for the child
- The stability that each parent can provide
- The ability of the parent to act in their child’s best interests
- Each party’s relationship with the child
- Each party’s history of domestic violence and substance/ alcohol abuse
- Each party’s mental and physical health
- Each party’s work schedule and lifestyle
- The health and age of the child
- The preference of the child, if of sufficient age
Can I file an appeal?
If you believe the judge abused his or her discretion or made an erroneous decision, you may be able to appeal it. You can file an appeal regarding almost any decision made by a judge, including decisions regarding child custody, child support, spousal support, division of assets, attorney’s fees, and more. That being said, it can be difficult to file an appeal and the process is often lengthy and expensive. As a result, it is important to discuss your options with an experienced attorney. Be sure to reach out to an attorney right away- once the judgment is ordered, you will only have 30 days to file an appeal.
If you have any questions or concerns about appealing a divorce or family law decision, reach out to our firm today. We are here to advocate for you and walk you through the process every step of the way.
CONTACT OUR FIRM
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.