As in other areas of law, you can appeal an unjust decision from the family court. If you believe the court acted unjustly, it is important to consult with an attorney about your rights. The time for filing an appeal is limited, and you must specifically describe the basis for your appeal. Permissible grounds for an appeal may include mistakes of fact or law, such as legal error or decisions that were unsupported by the evidence.
Fighting To Correct Lower Court Injustices
For example, if the divorce decree awarded primary physical custody of your children to your former spouse, and you later learn that he or she has been arrested for illegal drug possession, you may be able to ask the court to modify custody based on these new facts. Similarly, if the original divorce judgment required you to pay $2,000 in child and spousal support, but you recently got laid off from your job, you can file a motion to temporarily modify support schedules.
Modifying Orders To Fit Your Changed Circumstances
Modification requests are another tool for requesting a change in the obligations set forth in a divorce decree. If your financial situation has changed, you may need to request a temporary revision of your child support obligations. If you discover that your former spouse has developed a drug habit or other behaviors that pose a danger to your child, you may seek a modification of the visitation and/or custody order. You may also need to request a modification if child’s needs change, perhaps requiring relocation or a change of schools or services. Our objective is to modify your obligations to best serve the needs of you and your child.
Contact An Experienced Appeals Attorney
You deserve a divorce decree that correctly applies the law to the facts of your family law situation. If the family court made a significant error, the law office of Jay S. Baum will work with you to right this injustice. To learn more about your appeal options, call 718-980-5200 or complete our online contact form.