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Is it possible to appeal a child custody decision?

Custody cases in New York and elsewhere can be rather contentious. After all, how child custody is determined can greatly affect the parent-child relationship. Unfortunately, there are cases in which one parent may feel that he or she is not getting the best end of the deal, or he or she may not believe that what has been decided is truly the best for his or her child. What options are there for parents in such positions?

After a child custody order is made in court, it can be difficult to change. It is possible for non-custodial parents to seek modifications, but these are not always granted. This is where the appeals process comes into play.

While this is not a step that is commonly taken in custody cases, filing appeals to a higher court is possible if all other tactics in getting custody orders changed have failed. An appeal may be filed if one party believes an error in application of the law or in judgment has occurred. To appeal a Family Court decision, one generally has 30 days to file the appropriate paperwork to start the appeals process. The documents that must be filed include a request for appellate intervention form, a notice of appeal and a copy of the order one wishes to appeal.

Parents in New York who feel the need to appeal decisions made in child custody cases do not have to go through this difficult process alone. The appropriate steps for applying for an appeal can be taken with the assistance of legal counsel. Further assistance can then be provided to present one’s case in court.

Source: nycourts.gov, “NY City Family Court — Appeals FAQs”, Accessed on June 21, 2016

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP

Should you have any questions please feel free to contact us at 845-566-5345

For more information regarding the COVID-19 virus please visit any of the following sites:

Centers for Disease Control and Prevention

NYS Department of Health

Orange County Dept. of Health

Ulster County Dept. of Health

For information and updates regarding court postponements or closings please visit:

NYS Unified Court System

9th Judicial District

3rd Judicial District