Saturday, May 10, 2014

What happens if one does not contest child custody appeal?

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: Call a Bronx Child Custody attorney for more info.  -- David Bliven, Bronx Child Custody attorney (

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