Skip to main content

Can I appeal to appellate in middle of a Divorce/Custody Case? Judge is making outrageous rulings. Husband tried to give kids

Brooklyn, NY |

Can I appeal to appellate in middle of a Divorce/Custody Case? Judge is making outrageous rulings. Husband tried to give kids for adoption, he legally abandoned them for years - no visits or support. Husband seized custody of one kid from a family she was living by (he sent the kids away) and Judge lets him keep her.I am currently pro se and the Judge is making outrageous unfair rulings in favor of my husband. I complained to the supervising judge who told me he is not allowed to interfere - 1. Is that true? The supervising Judge told me I could appeal to the appellate court - 2. Can I appeal now in middle of a court case? 3. I am on food stamps and without funds - does it cost money to appeal to appellate? 4. Where can I get information on how to file an appellate appeal?
Thank you.

Attorney Answers 4


  1. You can file an appeal in the middle of a case so long as you are appealing from an actual decision. There is a $65 filing fee for filing the notice of appeal. You can make a poor person application to have this waived. You should look into legal aid or some other organization to help with as proceeding with something like this by yourself is very difficult.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship


  2. I would find an attorney to do a free consult with. Have you moved to have your husband pay your legal fees? Is your husband pro se as well? If not, you may be able to have him pay for your attorney. That being said, if there is a final ruling in your case you may be able to stay the ruling and file an appeal. Fees can be waived based on your financial situation. I would also call the local bar association for assistance.


  3. Since you are on public assistance you may qualify for assigned counsel. Go to the Supreme Court in the county in which you live and ask for the application for assigned counsel. Specify that you also need counsel with appellate experience.


  4. You can appeal an Order or Judgment, assuming you have one, as long as you were aggrieved in some way. You can apply to the Court to appeal on poor person's relief and you will not have to pay the fee, the transcripts or the attorney.

    Here is some info on how to file an appeal in the Second Department:

    https://www.nycourts.gov/courts/ad2/pdf/rulesofprocedure.pdf