Sometimes, courts make mistakes when issuing child custody orders. If you believe such a mistake has occurred, you may be able to file an appeal and ask a higher court to review the decision of the lower court. That said, appealing a child custody order is not easy and requires a strong legal argument and evidence that works in your favor. The Law Offices of Eyal Talassazan, P.C. has extensive experience in handling child custody appeals and can help you through each step of the process ahead. Contact a seasoned Nassau County child custody appeals lawyer from our firm today.
A child custody appeal is a legal procedure that allows a party to challenge the final judgment or order of a trial court regarding the custody and visitation of their children. An appeal is not a new trial or a chance to present new evidence or arguments. Rather, an appeal is predicated on the record of the trial court proceedings and focuses on whether the trial court committed any errors of law or fact that influenced the outcome of the case.
An appeal must be filed within a specific time frame after the trial court renders its decision, usually 30 days. The party who files the appeal is called the appellant, and the party who responds to the appeal is called the respondent. The appellant must file a brief that explains why the trial court’s decision was wrong and what relief they are seeking. The respondent can file a brief that opposes the appellant’s arguments and corroborates the trial court’s decision. The appellate court may also solicit oral arguments from both parties before making its decision. Do not face this process without a dedicated Nassau County family appeals lawyer in your corner.
Not every child custody order can be appealed. Generally, you can only appeal a final order or judgment that resolves all the issues in your case. For example, if the trial court issued a provisional order that grants you visitation rights until a final hearing, you cannot appeal that order because it is not final. However, if the trial court issued a final order that awards sole custody to your ex-spouse and denies you any visitation rights, you can appeal that order because it is final. Additionally, you cannot appeal a child custody order simply because you disagree with it or think it is inequitable. You must have a valid legal reason to appeal, such as:
For example, if the trial court awarded sole custody to your ex-spouse based on an outdated law that favored one parent over another, you may have grounds to appeal. Similarly, if the trial court ignored evidence of domestic violence or substance abuse by your ex-spouse that affected your children’s safety and well-being, you may also have grounds to appeal. As long as you win your appeal, the court should reverse its decision.
Importantly, if the appellate court does not reverse its initial decision, you may file a motion for reconsideration or a petition for review with the same court or a higher court, such as the New York Court of Appeals. However, these motions and petitions are rarely granted and have strict requirements and deadlines.
Appealing a child custody order is a serious and complicated matter that requires the assistance of a skilled and experienced Nassau County child custody appeals lawyer. If you are considering filing an appeal or have been served with a notice of appeal by your ex-spouse, contact us today for a free consultation. We will review your case, explain your options, and guide you through the appeals process. We will fight for your rights and interests and help you achieve the best possible outcome for you and your children. The Law Offices of Eyal Talassazan, P.C. is on your side.