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.
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