Can You Appeal a Child Custody Decision in New York?

A child custody decision can significantly affect the lives of both the parents and the children involved. If one of the parties thinks that there was a grave mistake committed by the courts in determining child custody or visitation issues, they are entitled to file an appeal.

Nevertheless, it must be noted that the process of filing for an appeal is not another round of child custody proceedings.

What is a child custody appeal?

An appeal is when a superior court reviews a lower court’s ruling. According to New York Courts, some appeals can be made without special permission. However, some appeals require permission to proceed.

An appeal begins with filing a Notice of Appeal. In this case, the party contesting the ruling becomes the appellant. Meanwhile, the other party is called the respondent.

Notably, appealing a custody ruling is not the same as asking for a custody modification. A modification refers to changed conditions after the initial ruling.

How do appellate courts review custody decisions?

New York courts award custody by considering the child’s best interests based on the totality of circumstances. Since custody cases rely heavily on witness credibility, the Appellate Courts generally afford great respect to trial court decisions, which had the opportunity to observe the witnesses firsthand.

In one case, the Appellate Division held that a Family Court’s custody decision is usually entitled to great deference because the trial judge can assess the witnesses’ credibility, character, temperament, and sincerity.

A decision with regard to the custody issue generally would not be reversed if it has a sound and substantial basis in the record. This does not imply that appeals cannot be won.

What issues might support an appeal?

Disagreeing with the decision reached by the judge is not normally sufficient. An appeal might raise issues such as improper application of the law, unsupported factual findings, insufficient weight given to certain evidence, or procedural mistakes in reaching a custody decision.

For instance, the higher court could review whether the lower court appropriately considered the child’s best interests. Relevant factors can include the parents’ fitness, stability, the environment in which they live, and their ability to meet the child’s needs.

The exact grounds for appeal would vary depending on the nature of the original hearing.

How long do you have to appeal? 

This is especially important for custody appeals. New York Courts mention that in the case of a Family Court order, an appeal usually should be taken within 30 days from either the service of the order on any of the parties or the child’s attorney, receipt of the order in court, or mailing or electronic service by the clerk within 35 days from the mailing or electronic service, whichever period ends first.

Speak with a Westchester County, NY, Family Law Attorney Today

The Law Offices of Robert S. Sunshine represent the interests of New York parents who want to appeal a custody ruling. Call our Westchester County family lawyers today to schedule an appointment, and we can begin preparing your appeal right away.