Can I Appeal a Child Custody Decision in New York?


Returning to Court to Fight for a Fairer Custody Schedule

A child’s best interest is at the heart of custody rulings, with judges carefully studying each individual case to ensure a kid’s unique needs are met. While it’s common for parents to leave disappointed with less visitation or custody privileges than they had hoped for, in certain cases, a parent may find themselves blindsided by a decree which seems severely biased and unfair.

If you disagree with the case result, you have the right to take the matter to appellate court to have the decision reconsidered. Appeals, while possible, are rare, and typically require the party to prove that there was substantial bias or an unsound judgement.

Appeals Based on a Lack of Supporting Evidence to Justify the Decision

Courts should be able to justify their decisions based on evidence and testimonies presented in the hearing. If there is a lack of compelling evidence to justify one’s limited parenting time, the appellate court could overturn the decision or demand it return to trial for a reevaluation.

A party may also work to show that there was prejudicial evidence, or an exclusion of significant supporting documents that show their capability of having custody.

Improper Application of the Law

There is room for human error in custody cases. A judge may misinterpret a specific statute, and this misunderstanding could significantly alter the custody decision. Proving such a mistake could give proper cause to reevaluate the case.

Appealing the Decision

If you suspect the judge made an erroneous decision, you have 30 days from the date of order to file an appeal. Do not wait to fight your case. Contact Empire Law for professional assistance today.

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