Appealing from Family Court Orders in New York

What you need to know about Family Court Appeals

What Kind of Family Court Orders Can be Appealed?

All final orders can be appealed as of right through a notice of appeal. An appeal from a final order also includes appeals from all non final orders.

For non final orders, there is no right to file a notice of appeal. Instead, a motion must be made to the appellate division for permission to appeal.

As with any order, no appeal lies from one issued on default.

What Are the Outcomes of a Family Court Appeal?

• Dismissed. A dismissal means the appeal is dismissed for some procedural reason and it is not decided on the merits.
• Affirmed. If the order is affirmed the order remains in place without change.
• Reversal. A reversal means the order was wrong and it is vacated.
• Remand. A remand means the order was wrong and the matter is sent back for further proceedings as directed by the appellate division.
• Modification. A modified order leaves the original order in place similar to being affirmed, but the appellate division makes changes to the order.

How Long Do I have to File an Appeal from a Family Court Order?

The simple answer is the time to file an appeal is 30 days, but the real question is when does the 30 days start to run. Outside of Family Court, the 30 day clock starts running when a notice of entry is served. This rule also applies to Family Court orders.

But Family Court has a special rule. If the order is given the party in court, the 30 days starts immediately. If it is mailed to the party or their attorney, the time is 35 days. This rule applies only if the notice is stamped on the order being appealed and includes how the party was given a copy of the order.

How Long Do I have to File My Family Court Appellate Brief?

For Family Court appeals, the court will often issue scheduling orders. These orders override the normal timeframes. These orders will give timeframes to obtain the transcripts followed by the amount of time to file the brief.

How do I File the Record in a Family Court Appeal?

All appeals must have a record and Family Court is no exception. Both the full record reproduced and appendix method are available for Family Court appeals.

In addition, appeals from Family Court have a third option, the original record. If used, there is no need to create a copy of the record. Instead, the appeals court uses the original Family Court file.

If I Appeal an Order, is my Case Stayed?

An appeal does not stop the case from continuing. If a stay is needed, it must be requested.

What Are My Options if I Don't Want to Pay a Lawyer?

If someone does not want to pay a lawyer, they always have the right to represent themselves.

If someone does not have the funds to pay a lawyer, a request for assigned counsel can be made on many Family Court cases.

If the opposing party has has signficantly more money than you, a request for counsel fees can be made on some Family Court cases.

How Long Does it Take to Get a Decision from the Appellate Division?

Each case is different but it can take anywhere from several months to well over a year to get a decision from the Appellate Division.

Contact Our Family Court Appellate Counsel Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any appeal, no matter how challenging or complex. With over 20 years of appellate experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled appellate lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.