Q: I've had physical custody in new York since divorce. When I remarried, my ex filed for custody. I cross petitioned to gain sole, since it had been joint. I won the case. I believe he will appeal. What happens if I don't contest the appeal, due to the cost?
A: David's Answer: He'll most likely win without a reply brief from you. I say "most likely" because the Appellate Court would still need to find merit to his position. If you financially qualify, you may apply for assigned counsel by the Appellate Division. If you're in the Bronx, the rules of procedure on the appeal are here: http://www.courts.state.ny.us/courts/ad1/Practi.... Call a Bronx Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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