Appeals

When a court ruling doesn’t feel right, you may have the power to change it.

If you received a court decision in a divorce, custody, or support case that seems unfair or legally incorrect, you may have the right to appeal. Appeals allow you to ask a higher court to review a lower court’s decision—but this process is not a second trial. It requires strict procedures, persuasive legal arguments, and deep knowledge of appellate law.

At The Schreck Law Group, our experienced appellate attorneys focus on family law appeals throughout New York. We know how to spot legal errors, build compelling appellate briefs, and advocate for you in front of appellate judges.

📞 Contact us today to discuss your options for appealing a family court or Supreme Court ruling.

⚖️ What Is an Appeal?

An appeal is a formal legal request for a higher court (the appellate court) to review a final decision made by a trial court. The appellate court doesn’t hold a new trial or look at new evidence—it only reviews whether the law was applied correctly the first time.

Common types of appealable family law cases include:

• Divorce judgments

• Child custody or visitation rulings

• Child support or spousal support decisions

• Property distribution rulings

• Orders of protection

• Post-divorce modifications

🕒 When Can You File an Appeal?

In New York, you typically have the right to appeal a case if:

✅ You were a party to the case

You must have been directly involved in the trial court’s decision.

✅ There was a legal or procedural error

Appeals must be based on claims that the judge misapplied the law, made an error in procedure, or issued an unjust ruling based on legal mistakes.

✅ The order is final (or qualifies for appeal)

Most appeals follow final judgments. Some temporary (interlocutory) orders may also be appealable under specific conditions.

📌 Deadline Alert: You usually have 30 days from when the judgment is served to file a Notice of Appeal. Missing this deadline could forfeit your appeal rights.

📄 How the Appeals Process Works in New York

Appealing a court decision involves multiple steps. Here's an overview of the process:

1. File a Notice of Appeal

This document tells the court and the other party that you intend to challenge the decision. It must be filed within 30 days of receiving the judgment or order.

2. Prepare the Record on Appeal

This includes transcripts of hearings, trial exhibits, motions, and any other materials presented during the trial. It forms the foundation for appellate review.

3. Submit the Appellate Brief

Your attorney will write a detailed legal argument explaining why the lower court’s decision should be reversed or modified. This document is critical and must be supported by statutes, prior cases, and sound legal reasoning.

4. Oral Argument (in some cases)

Both sides may be invited to present oral arguments before a panel of appellate judges. This is an opportunity to answer the court’s questions and emphasize your strongest points.

5. The Court Issues a Decision

The appellate court may:

• Affirm the decision (keep it as is)

• Reverse the decision

• Modify specific parts

• Remand the case back to the trial court for further action

🧠 Important Things to Know Before Filing an Appeal

🕰️ Deadlines Are Strict

You must act quickly—missing a filing deadline can permanently block your appeal.

⚖️ Appeals Are Based on Law, Not Facts

You can’t introduce new evidence or argue that the trial court “got it wrong” factually. The appellate court only considers legal errors, such as:

• Misinterpretation of law

• Improper admission/exclusion of evidence

• Procedural mistakes

• Abuse of judicial discretion

💵 Appeals Can Be Costly

Appeals involve legal fees, transcript preparation, printing costs, and court filing fees. It’s important to discuss whether the investment is justified based on the case’s legal strengths.

📊 Appeals Are Challenging to Win

Most trial court decisions are upheld. A strong appeal requires identifying clear legal errors and presenting them persuasively.

👨‍⚖️ Why You Need an Appeals Attorney

Family law appeals require specialized knowledge and legal writing skills. Here’s how we help you at The Schreck Law Group:

• Evaluate your case: We analyze your case to determine if an appeal is legally justified and likely to succeed.

• File timely and properly: We ensure your Notice of Appeal and supporting documents meet all deadlines and court rules.

• Build your argument: Our team drafts a compelling appellate brief tailored to your unique situation.

• Represent you in court: If oral argument is granted, we advocate before the appellate panel with confidence and clarity.

• Advise on realistic outcomes: We guide you with honesty and legal insight every step of the way.

📌 What Happens if You Win the Appeal?

If your appeal is successful, the appellate court may:

• Reverse the original decision

• Modify the judgment (e.g., adjust support amounts or custody terms)

• Send the case back to the lower court for a new hearing or trial

A win on appeal can lead to meaningful changes in your family law situation, especially in high-stakes matters like custody or property division.

📞 Speak With an Experienced Appeals Attorney Today

A poor trial court decision doesn’t have to be the end of the road. If you believe your case was mishandled or decided unfairly, let us help you fight for a better outcome.

📲 Contact The Schreck Law Group to schedule a consultation and find out whether an appeal is the right path forward.
💡 Be sure to visit our FAQs and Insights for more helpful resources on family law appeals in New York.