QUESTION
WHEN A FAMILY COURT CUSTODY RULING IS OVER TURNED IN THE APPELLATE COURTS, DOES THE CASE GO BACK TO THE FAMILY COURT TO DECIDE THE NEW SCHEDULE?
Asked on Feb 10th, 2014 on Child Custody - New York
More details to this question:
2 YEARS AGO I WAS AWARDED CUSTODY OF MY TWO CHILDREN FROM MY EX WIFE. AS I AM AWAITING THE DECISION OF THE APPEAL, MY ATTORNEY DOES NOT FEEL CONFIDENT THAT THE APPEAL WENT OUR WAY. IF THERE IS A CHANGE IN CUSTODY AWARDED BACK TO MY EX WIFE, WHICH COURT WILL RULE ON ON THE NEW CUSTODY SCHEDULE? MY KIDS ARE CURRENTLY IN MIDDLE SCHOOL AND ARE DOING WELL IN SCHOOL, WILL I HAVE THE OPPORTUNITY TO ARGUE THAT OUR CHILDREN REMAIN IN THERE PRESENT SCHOOL AS THE THE NON CUSTODIAL PARENT?
1 ANSWER
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Typically after an appeal, the decision goes back to the trial court to make changes in accordance with the finding from the appellate division. So, this should give you a chance to present what the best school will be. Talk to your lawyer more about it (I'm sure you are nervous waiting for such a big determination - your lawyer should understand this as well!) Good luck.
Answered on Feb 11th, 2014 at 3:21 PM