Friday, September 26, 2014

If appeal a custody decision if I lose it again will I be responsible for the other party's attorney fee.

Q: Also the attorney that I am hiring is stating that he has to first file a order to show cause and then obtain the transcripts and then file a appeal, is the procedure correct? 
Why does the appeal procedure takes a lot of time, does he have to go to court back and forth just like family/supreme court appearances or just submitting brief for review? I am just getting worried about his hourly charges.

A: David's Answer: If there's a disparity of income, it's possible the non-monied party can make an application for counsel fees in the trial court if you do not prevail on appeal. Generally, if one is "seeking permission to appeal," one files the notice of appeal along with the order to show cause seeking permission to appeal. Transcripts can be ordered simultaneously with the filing. Finally, there generally are no court appearances on an appeal (if that's what you mean), other than possible oral argument (which is optional). - David Bliven, Bronx Child Custody Law attorney (

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