NYC Family Law Appeals Attorneys
In New York, certain errors made in family law cases may be appealed. This includes decisions made in divorce, child custody, spousal maintenance, child support, grandparent visitation, and adoption cases. Merely disagreeing with a family law decision is not enough to appeal, rather there must be some error that occurred in the course of the case. NYC family law appeals lawyers can review a case to determine whether there is an issue that may be reviewed on appeal.
Some errors that may give rise to a family law appeal include improper application of the law, violation of constitutional rights, improper admission of evidence, and insufficient evidence to support a finding made by the judge. In order to be successful on an appeal, the error must be fairly significant.
Improper application of the law
In family law cases, there is legal precedent and statutory law that govern how a judge is supposed to decide a case. Sometimes a judge fails to recognize the applicable law or they simply ignore what the law dictates. In these situations, a person may appeal on the basis that the judge abused his discretion by failing to comply with the law.
For example, in a child custody case, a judge is required to consider certain factors that are set forth by New York law. The judge is required to consider those factors and any other relevant factors. In the event the judge ignores the factors, it may give rise to an appeal regarding the child custody determination.
Because NYC family law appeals lawyers know the law, they can review a family law decision to see if the judge properly applied the law to the facts of the case. If an error is identified, then the case may be appealed.
Violation of constitutional rights
Because family law cases often involve important personal rights, such as property rights and the rights to have a parent/child relationship, a court must comply with certain constitutional requirements. One of these requirements is that a party be given proper notice and an opportunity to be heard prior to deprivation or limitation of certain rights.
If in the course of a family law case the court fails to provide adequate notice to a party, it may give rise to an appeal. Also, if the party is not given ample opportunity to present their case, it could also give rise to an appeal.
Improper admission of evidence
In family law cases, certain rules regarding the admission of evidence apply. These rules are intended to ensure that evidence is reliable. These rules are very specific and there is much legal precedent that addresses various types of evidence. In a family law case, if the judge admitted evidence that does not comply with the rules, then that admission of evidence could be challenged on appeal.
In order to be successful in appealing the admission of improper evidence, you must be able to show that the error committed by the judge was not harmless. This means that the admission of evidence must be significant enough that it had an effect on the outcome of the case. An NYC family law appeals lawyer can review a case and evidence to determine whether the admission of evidence could be successfully appealed.
Insufficient evidence to support a decision
When a judge in a family law case makes a decision, that decision must be supported by the evidence and court record. The judge is required to make findings of fact and conclusions of law.
In some cases, the judge may fail to make the necessary findings and conclusions. Also, a judge may make findings and conclusions that have no basis or connection to the evidence that was actually presented during the case. If this occurs an appeals lawyers may request that the decision be set aside and remanded back to the trial court for review.
How can NYC Family Law Appeals Lawyers help?
The appeals process is subject to detailed rules and procedures. These can be confusing for those who have inexperience handling appeals. If an appeal is not properly presented, then it could be dismissed. Because of this, it is crucial that you have a lawyer who has experience with family law appeals.
An appeal requires presentation of the argument via written briefs that cite the applicable law and set forth what errors occurred in the case. NYC family law appeals lawyers can assist by filing an appeal, preparing the written briefs, and making oral argument to the appellate court.
The Emotional Side of Family Law
Family law matters are often highly contested issues that invoke various emotions. Decisions made by judges in family law cases may be subject to review through the appeals process. Appeals are subject to a specific set of rules and procedures, that can be confusing for those who are unfamiliar with the process. Because of this, you should seek out an experienced NYC family law appeals lawyer for legal assistance on your appeal.
What You Need to Know About NYC Family Law Appeals
A family law appeal must be filed within a certain period of time. If you fail to file within the specific time period, your appeal rights may be waived. If the court issued a decision that you would like to appeal, then it is important for you to contact NYC family law appeals lawyers as soon as possible so you can meet the deadlines.
Family law appeals may be pursued for a variety of issues. Some examples may include, among other things, the wrongful admission or exclusion of evidence, failure to follow the appropriate legal standards, abuse of a judge’s discretion, and failure to meet a burden of proof. Some issues that may be appealed are not always obvious, but a family law appeals lawyer can help identify possible areas of the case where errors were committed.
Family Law Cases vs Family Law Appeals
The appeals process is different from the initial family law case in many ways. In the appeals process, the arguments are based upon what already happened in the case and new evidence is not presented. For a successful appeal, there must be a sufficient record of what occurred in the initial case. Also, for some issues, if an objection was not properly made during the initial case, then the ability to appeal that issue may be waived. Careful review of your case by a family law appeals lawyer will result in a better understanding of what may be appealed and your chances of success on appeal.
What Can be Appealed in Family Law in New York State?
In family law, an appeal might be taken as of right from a final or an interlocutory judgment and from an order that determines a motion that’s been made on notice to the other person, which adversely affects a substantial right of the party filing the appeal. These customarily appeal temporary support orders, the judgment of divorce, issues related to child custody, or orders related to child custody. The most common orders – which are not appealable as of right, but which can be appealed with permission – are non-dispositional or non-final orders.
Appealing A Judge’s Decision
In New York City, if a party disagrees with a judge’s decision because they think the judge either abused his or her discretion, or simply believes they rendered an erroneous decision, they would have that decision transformed into an appealable order by putting in a proposed order or a judgment to the judge who issued the decision on the basis of the fact that the decision in and of itself is appealable.
The majority of appeals are filed when a judge has made a significant legal or factual error in a case that results in significant harm or prejudice to a party.
When such a mistake has been made, or something transpired prior to the decision having been rendered, the litigants can submit an application to the judge before the decision is rendered. For example, if all the evidence in a case has been submitted to the judge who is looking over the evidence but has not yet rendered a decision, and the stock price of a public company held by one spouse tanked unexpectedly, you could then make an application to that trial judge to reopen the trial, and take judicial notice of the present, much lower, stock price. If the judge grants that motion, you can avoid needing to appeal after the trial has concluded. Your NYC family law attorney can help you navigate such situations and, if the need arises, he or she can lead you through the complex appeals process.
The Complexity of Appeals
As previously mentioned, appeals are subject to specific rules and procedures. Some individuals attempt to appeal on their own, without legal assistance, and become overwhelmed by the extent and complexity of the rules. If you fail to follow the rules and procedures, then the appeal may be denied. An experienced NYC family law appeals lawyer will be well familiar with the applicable laws and procedures. They will help ensure that your case complies with all of the requirements, so your case is not thrown out on a technicality.
NYC family law appeals lawyers will present the issues to the appellate court and make argument on your behalf. They will be able to advocate on your behalf and explain what errors were committed in your case that justify an appeal. Through careful review of your case, they can identify potential issues that need to be addressed on appeal.
Legal Briefs for Appeals and Oral Argument
Appeals usually involve the presentation of issues through written legal briefs. Experienced NYC family law appeals lawyers will know what to include in the written brief and can present the information in a concise and effective manner. They will be able to properly cite legal authority in the brief to show that your position has legal precedence in the court system.
In some appeals, oral argument can be made to articulate the reasons behind the appeal and the legal authority that supports your position. An experienced family law appeals lawyer will know how to properly and effectively deliver oral argument to the appellate court.
Call Your NYC Family Law Appeals Lawyer
If you have been involved in a New York family law case and feel that there may be issue that can be appealed, contact a NYC family law appeals lawyer to learn what options are available. NYC family law appeals lawyers will be able to discuss the law with you and can assess the strengths and weaknesses of the issues that may be appealed. They will be able to help you make and informed decision, so you understand all possible outcomes of the appeal and the likelihood of each outcome.
The team at Spodek Law Group is available to provide legal advice about family law appeals and family law issues. They have extensive experience and can provide advice. Contact Spodek Law Group to schedule a consultation and receive answers to your questions.
Family law matters are among the most emotional and disputed in New York City and the rest of the state of New York. Issues such as divorce, child custody, child support and orders of protection are highly personal and intense matters that affect people in a number of ways. If you are going through any type of family matter that requires going to the family court, you should speak with an experienced family law attorney who can help you through every step of your case.
Generally speaking, there are two courts that have the jurisdiction to hear family law cases. They are the New York Family Court and the Supreme Court, Matrimonial Part. While only the Supreme Court can hear divorce cases, both can hear all types of family cases.
Specialties of New York Family Law Attorneys
Family law attorneys, whether in the New York City area or anywhere else in the United States, specialize in a number of areas. Getting a better understanding of the laws and the court system can help you to know what course of action to take if you are in a situation that calls for a lawyer. This can protect you and your family and your rights.
There are several areas of family law that are the most common in both the Family and Supreme Courts. Family Court hears a number of cases of people who are blood-related, have an intimate relationship or share a child. Matters relating to children are among the most common cases heard in the family court. However, a family law attorney’s specialties are numerous. The following include areas of specialty for these lawyers:
• Paternity: One of the most crucial matters involving family law is paternity. This involves establishing whether a man who believes to be the father of a child is actually the biological father. Determining paternity can be done in a variety of ways, however, such as through DNA testing, the child’s birth certificate and other documentation or a man raising the child as his own.
• Child custody: When determining child custody matters, the New York Family Court always first and foremost considers what is in the interests of the child. After paternity is established and the matters of child custody and visitation, child support can be determined. New York City family law attorneys concentrate primarily on child custody to determine which parent is the custodial one who will also receive child support. As per the law, there are three types of custody of a child: full custody, joint custody and residential custody. Full custody gives the parent the right to make all decisions for the child. That parent doesn’t need consent from the other parent but should inform them of any major issues or decisions regarding the child. Joint custody means both parents share equal custody of the child and are equals in terms of decisions made for the child. Residential custody means one parent has the legal right to have the child with them.
• Child visitation: Child visitation is a common matter in the area of family law as well. The family court will determine child visitation for the non-custodial parent. That parent may be entitled to receiving visitation with the child on every other weekend, holidays and for four weeks of vacation. Overall, many family court judges tend to be highly flexible with regard to child visitation. This is generally due to the court believing that having both parents in the child’s life is more beneficial for the child.
• Divorce: Family law also involves the situation of divorce. When a couple has decided they no longer want to save their marriage, divorce might be the only option left. A New York City family law attorney would advise you that divorces must be heard in the Supreme Court. Each county has its own part to hear a divorce case. These are known as Matrimonial Parts of Supreme Court. It’s helpful to know that New York does not have common law marriage. New York is a state that recognizes grounds for divorce. This means that a person may have a legal excuse to end the marriage through certain grounds. Grounds can include issues like cruel and unusual treatment, abandonment and infidelity. If the marriage produced children, there will also be issues of paternity, child custody, child visitation and child support taken into consideration as well. Divorce lawyers focus on three areas when handling a divorce case: Maintenance, also known as spousal support, equitable distribution regarding the division of property in a way that is fair and just, and occupancy of the home.
If you are going through a divorce or any other type of family law matter, it’s important to speak with a skilled New York City family law attorney immediately.
If you are going through the emotional trauma of a divorce or other intimate family law proceeding, then you need legal representation that understands the delicate nature of the process. The dedicated New York City family lawyers of Spodek Law Group (spodeklawgroup.com) understand the emotion that comes along with your case. We are here to make sure that emotional burdens do not also become legal and financial burdens.
When it comes to family law in New York, the Spodek Law Group has been serving all of the five boroughs for well over three decades. It does not matter if you are from Queens or Brooklyn or Staten Island – we have represented clients from all walks of life and from all geographical locations. Let us tell you exactly how we can help you in your family law case.
– What We Can Do for You
First of all, we can provide you with 36 years of experience in all levels of New York family court including the Supreme Court. That’s right – no matter how far we need to take your case, we are comfortable and effective at all levels. We make it our business to understand not only the law, but also the people of the court who are interpreting the law. We will represent you to them in the most effective way possible, translating your emotion into the legal language that they can understand without losing any of the power that emotion brings.
Second, we can provide you with a dedicated team that will service your case specifically. You will have not one but two lawyers beside you interpreting the relevant law for you. You will have a separate lawyer who will be responsible for finding the information that will feed your case the precedent that it needs in order to stand on strong legal ground. We will find out exactly what happened in your case and interpret those events in the light that will protect your interests as well as the interests of your family.
Third, we can give you a reputation that we stand behind. We start off with a free consultation so that you can get to know our lawyers face to face. Our reputation is built on the face to face contact and word of mouth marketing that only true community businesses can engender. From these beginnings we have been able to represent some of the most famous people in the world without violating their privacy. Our clients and lawyers have been featured on many national and international news organizations including CNN, CNBC, the New York Post, CBS and Bloomberg Television.
We are the most convenient law firm in New York as well. No matter where you are in any of the five boroughs, we are within steps of you. We hold court in the heart of Manhattan, and we are only a few steps from the 2, 3, A, C and E trains.
Even if you are not necessarily in trouble immediately, we can help you to stay out of it if you are looking to make a big change in your personal life. New York has one of the highest divorce rates in the entire country, with 5.5% of the people in the state being divorced. If you are looking to protect yourself ahead of a big change like a marriage, we can help you to draft prenuptial agreements. However, even if you have not created one and you are in an uncomfortable family law situation, we can help you to put together a postnuptial agreement as well.
We also understand the financial burden that a family law case can bring on your household, especially if the case is drawn out for a long time. While we are looking into your case, we will also look at the spousal maintenance and equitable distribution statues that apply to your case. If there is any money on the table that can help to sustain you during and after your case, we will find it and we will make sure that you get it.
– Who We Are
We are the New York divorce attorney who cares. Without giving away too much information, many of our employees have gone through the same family law situations. This firsthand experience is what binds us together as a firm as well as our experience in the courtrooms of New York. This is why we can understand so readily the feelings and emotions that come along with a family law case.
Take a look at the client testimonials that we have on our website. They come from real people, and we were surprised at some of the things that they said about us. The bottom line is this: When people begin to think of you as family, you know that you are on the right track.
We make our consultative services available 24 hours a day, seven days a week for a reason. It is the same reason that we have for giving free case consultations. We base our business model on making people feel fully serviced, not in taking as many fees as we can by expanding the hours that we are “on the clock.”
– The Next Step
We can have your free consultation over video chat if you cannot make it into our offices. We will fully explain your rights to you over this call, and we will help you to determine your next move. You have absolutely no obligation to us if you take this call, but we believe that you will definitely understand why we have the reputation that we do after you have a talk with us.
Do not let anyone take advantage of you in family court. The other side will most definitely try to use your emotions against you. They will try to use the court system to get you to make a mistake that will force the court to rule in their favor on a technicality or based on PR. We will not let that happen, and this is why our higher profile clients love us. Even if you are not an A-list actor, we will treat you the same way.
Our slogan is “treating you like family since 1976” for a reason. We make sure that you feel like you are at home when we stand beside you in the courtroom. Give us a call or an email so that we can get started with your research and your case as soon as possible. Thank you for continuing to trust us with your family law cases since 1976.
NYC Family Law attorneys
Family drama is fun and games until it becomes a legal issue. Then it’s not thing to laugh at. If you are experiencing custody, relocation, separation, divorce or other family related issues, you need an NYC family lawyer who can help you come to the resolution for your family. Family law includes:
- Adoption law
- Child custody law
- Protective orders / Order of Protection
- Prohibited marriage / annulment law
- Stalking and harassment law
- Abortion law
- Cases related to child abuse or neglect
- Paternity law / father’s rights
- Marital property law
- divorce law
- Child support law
- Spousal support law / maintenance awards
If you’re experiencing one or a few of the above issues, finding a practice that specializes in family law can help you manage all your legal issues. This way, you won’t be hoping from practice to practice to discuss your family or marriage agreements. While there are many forms and documents that allow you to “do it yourself” here are a few reasons your legal family matters to the professionals:
Family lawyers have done this before
While it may be your first divorce or custody battle, experienced family lawyers have navigated these issues many times before. Also, your lawyer is a third party. They are able to make clear, logical decisions about what’s for your family, from a legal perspective. They can anticipate issues they’ve seen arise with their other clients and help you avoid costly or sad mistakes in the future. They’re also well aware of the rights you have, and there may be some uncommon laws you don’t know about that could make a big difference for your family.
Family lawyers have a responsibility to protect you
And they take this responsibility seriously. Family lawyers are committed to defending their client’s interests. If you have a child support or spousal support case, your family lawyer will work tirelessly to ensure you are protected financially. If you want to prove paternity and set up visitation with your child, a family lawyer in father’s rights can help. If you are in danger of physical harm, a family lawyer can help you secure an Order of Protection and give you tips on how the order will be enforced.
Family lawyers have families, too
It’s a common misconception that family lawyers, especially divorce lawyers, are sharks after assets. Many family lawyers understand that the issues a family experiences are emotional, sad and stressful. As professionals, they will maintain their stone-cold game faces. But know that they’re not judging you; they’re fighting for you. And your family deserves the lawyer for the job.
Family lawyers want a peaceful resolution
If you’re pursing adoption, custody, visitation or another child-related issue, your family lawyer will not rest until the issue is resolved. There’s nothing worse than a child being put in a system of legal limbo that is unfair and unhealthy. This is never your family lawyer’s goal. Instead, they will seek to peacefully resolve these issues.
Family law doesn’t have to be an ugly thing. A good family lawyer will help you create a legal agreement that works. If you have children, your family lawyer will fight to ensure your parental rights are respected. Instead of thinking of your family lawyer as one part of a bad equation, think of your family lawyer as your partner in bringing your family closer together. Whether it’s for adoption, a will, custody, a divorce, or another reason, a family lawyer will mark the beginning of a new chapter in your life.
There are a number of reasons that you may need the help of our experienced, compassionate NYC family law lawyers. An experienced team of NYC family law attorneys helps you protect what matters to you the most – your family. Family lawyers help create, dissolve and facilitate family relationships. Your legal team helps you evaluate your options under the law and put your plan into action so that you can work to achieve the result that’s for you and for your family. Here are just some of the ways that our family law attorneys help clients:
In New York, a divorce may be based on fault, or you may ask for a divorce on the grounds that the marriage is broken beyond repair. Making the decision to divorce is never easy. Our team of NYC family law attorneys can help you understand your rights and obligations. We can help you decide whether to file for divorce and what you can expect during the process. If there are things you can do before you file to help your case, we can give you that information so that you can take the steps you need to take in order to prepare for the road ahead.
When you divorce, the court must decide issues of child custody, property division and spousal maintenance. Achieving the outcome in your case starts with the very first documents you file in court. Whether you file your case or you respond to a complaint for divorce from the other spouse, what you say in your very first court papers can impact the ultimate outcome of your case. We make sure that you get it right the first time.
Most divorce cases aren’t resolved by going to trial. However, if you need to go to court, we march into court with you prepared to present your case. We work with you to prepare your case skillfully and strategically so that we’re ready to help the judge understand how to make the possible decision in the case.
If your case resolves through negotiations and mediations, our expert legal team of NYC family law attorneys helps you make sure that your divorce judgment represents your interests. That means carefully drafting your final judgment and carefully reviewing any proposed orders from the other side. Our team of experienced family law lawyers in NYC works with our clients to represent their interests from before the first filing to the finalization of their divorce.
Child custody law is one of the most important and consequential areas of law in the legal system. Our clients often need help with child custody issues whether they are divorcing or simply establishing a custody order for the first time. We can help you prepare the correct legal filing in order to petition the court for the appropriate order.
Our legal team offers compassionate and aggressive legal representation for New York custody matters. The court makes its determination based on the interests of the children, but it’s up to you to produce the evidence for the court so that they can make the correct choice. With our years of experience in custody cases, we help you evaluate your case for the possible evidence. Each custody case is personal to us as we help you work towards solutions for you and your children.
A prenuptial agreement is an important document that serves multiple purposes. It can help protect your interests in the event that a divorce occurs. It also helps you identify and discuss issues that you may want to consider with your partner before you get married. We can help you consider what you should include in your agreement and how you should approach negotiating your prenuptial agreement.
We also help clients negotiate and draft postnuptial agreements. In some cases, it may be appropriate to enter into an agreement after you’re married. A postnuptial agreement is a contract. A postnuptial agreement must meet certain requirements to be valid and enforceable. We can help you negotiate and draft an appropriate postnuptial agreement that protects your rights and interests.
Compassionate, aggressive representation
Each family law case deserves and gets our complete, personal attention. We take the time to educate our clients about how New York law applies to their case so that we can work together to make the possible plan for your case. We consider ourselves both your advocate and your partner. Contact us today to begin your case.
NYC Family Law Appeals Lawyers
NYC family law appeals lawyers are extremely needed in today’s time. Every month, appellate laws change, and attorneys are notified through their local jurists, but common people usually do not know about these changes. This is one of the main reasons why appeal lawyers are needed in a family court case. If a newly released document needs to be filled out and filed with the appeal, not filing the newly released document will cause the appeal to be dismissed.
Another thing that changes every once in a while is the time frame for family court appeals. It was once established that appeals must be filed no later than 20 days after a court ruling. A few years later, it was established that appeals must be filed no later than 30 days after a court ruling. Filing paperwork on time is crucial. If an appeal is filed one day late, it will be dismissed.
Attorneys are also always notified regarding changes to courthouse and appellate court fees. Court fees change approximately every six months, but it usually takes approximately 12 months for the public to be fully made aware of this. However, attorneys are notified of these changes immediately. Having the right amount of money for the appeal is important. This is especially true since there are two separate fees. There is a fee for the county courthouse to prepare the mailing of the appeal, and there is a fee for the appellate court to accept the appeal. Most attorneys keep checks that are already made out, so it’s easy for them when filing an appeal.
In addition to filing the appeal on time and paying for it, there are a set of rules that must be followed while an appeal is in place. These rules can only be fully understood by NYC family law appeals lawyers. The first and most important rule is that the lower court cannot have any dealings with the case while the case remains in appeal status. This means, if one parent has an issue with the current custody order, they cannot do anything about it until a decision is made on the appeal. Many parents and guardians do not know this important rule, and they end up discontinuing their appeal in order to have a hearing at the lower-court level. NYC family law appeals lawyers are great at explaining this before an appeal is filed.
The second rule is that all motions have to be entertained by the appellate court. This is another great feature NYC family law appeals lawyers deliver to their customers. Most motions have to be filed in person. This can make people go out of their way, especially since there is only one county courthouse in Manhattan. Many people make the mistake of delivering a motion to the county courthouse when their family case is on appeal. It is important that any and all motions be sent to the appellate court, which is located in the capital city of the state.
Many people have a hard time finding the perfect NYC family law appeals lawyers. The problem is that people usually look for lawyers who specialize in appeals. This is the wrong route to take. It is crucial to choose an attorney that is highly skilled in family court. Filing appeals will be easy for an attorney who is fluent in all the laws governing New York family law. Finding an attorney who is fluent in appeals does not do much for people with a family law case becuase there are so many aspects of the appellate court.
One of the ways a person can find the NYC family law appeals lawyers is by searching the phone book. Though many people result in the World Wide Web for their searching, the attorneys still pay big bucks to advertise in the phone book. The approach would be to contact the first five attorneys in the phone book. Majority of family law attorneys offer a free consultation, so you will be losing nothing by contacting several attorneys. Depending on the duration of the time the attorney has been in business, most family law attorneys in Manhattan charge between $1,500 and $3,000 for an initial retaining fee.