How can a New Yorker appeal a child custody order?
There are a lot of disappointing decisions that people make and we have to live with, like a mechanic’s denial of inspection on a car. But some decisions are so important that we can’t simply get over it. And few decisions are more important than the ones that affect our children.
- What happens if a child custody case is decided against a parent?
Child custody is often the most divisive part of a divorce or separation, because things and assets may be replaced but time spent with offspring never can be. If a decision made by a family court in New York is unacceptable, a person may appeal on some occasions to a higher court.
- Why would this be the case?
A parent may feel that his or her rights are not being respected by the initial ruling. Another possibility is a parent believes the ruling may put a child or children in danger or in a position that does not suit their best interests.
- How does someone file an appeal?
A person must file an appeal within 30 days of a custody order’s announcement or reception by the person, whichever is earliest. A notice of appeal must be filed in the proper family court and request an intervention from the proper appellate court.
- How can a person increase the strength of an appeal?
The court system itself suggests that a person considering an appeal consult an attorney. Legal representation may be the most vital part of seeking child custody, and a lawyer can work with other parties to figure out an alternative option.