Liverpool, NY asked in Family Law and Child Custody for New York

Q: Can I request a Lincoln Hearing on a custody modification petition appeal??

Father got full custody of children in August. I’m in the process of filing an appeal on that. Last month, I filed a custody modification due to ongoing reports of alleged abuse by the father. CPS was called by the ER and by the school. CPS worker blamed me for the calls and accused me of prompting the children to tell on dad. The things that the children told both myself and their teachers greatly differ from what does CPS worker reported. I feel she’s been very unethical and it’s discriminating against me.

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2 Lawyer Answers
Sandra M. Colatosti
Sandra M. Colatosti
Answered
  • ALBANY, NY
  • Licensed in New York

A: No, the appeal is based on the evidence presented at trial or information presented to the Family Court judge. You cannot present new evidence on appeal. You could try making a motion to reargue or renew in Family Court.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
Answered
  • Divorce Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: In New York, the appellate division's authority over custody of children is equal to that of either the Supreme or the Family Court. This means the appellate division can assign attorneys for the children, hold hearings, conferences and decide on both facts and law. The asker can request, and the appellate division can either grant or deny the request. The asker should also obtain legal counsel as nothing in any court in New York is a do-it-yourself project.

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