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Appellate form question

Lindenhurst, NY |

At the appellate court I see they have 3 forms-
1. Order to Show Cause
2. Notice of Motion
3. Habeas Corpus-Order to Show Cause

Which one do I file in order to try to gain custody of my kid? Or it doesn't matter it can be all 3?

Just please answer 1 2 or 3 or all 3.

Many Thanks.

Attorney Answers 2

Posted

You provide no information as to why you are going to the appellate court. Why are you not going through family court for custody? If you are appealing a family court decision - you would have to file a notice of appeal within the prescribed time period - then following the appellate procedure for your department. Go to the appellate division website and download the local rules which will detail what must be included with any appeal. There are specific rules regarding the number of copies that must be filed, specifics for the appendix, the format, etc.

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Posted

You should consult a lawyer about your appeal. If you can't afford a lawyer you should read the New York State Bar Association's Pro Se Appeals manual at the link below.

http://www.nysba.org/AM/Template.cfm?Section=Pro_Bono_Appeals_Program&Template=/CM/ContentDisplay.cfm&ContentFileID=96444

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