My Parental Rights have been Terminated and I Filed an Appeal but Lost, What Can I Do?
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Summary
My parental rights were terminated after five years in New York City family court, I filed an appeal and lost. Now I am in the process of petitioning to have my appeal reconsidered. It’s been seven years. My question is do I have resources if my petition is denied. I was an active participant in my service plan and visitation. My children are now in prospective adoptive homes, separately. What can I do? |
“My parental rights were terminated after five years in New York City family court, I filed an appeal and lost. Now I am in the process of petitioning to have my appeal reconsidered. It’s been seven years. My question is do I have resources if my petition is denied. I was an active participant in my service plan and visitation. My children are now in prospective adoptive homes, separately. What can I do?”
If your appeal is denied, the only place you can go is either back to the same Court or up to a higher one. Sometimes a court can be asked to reconsider its decision. Other times a State Supreme Court (that’s what’s its called in California) will grant cert to review an appellate decision. Procedurally, these would be your options.
As a practical matter, a person representing themselves will have a difficult time figuring out the appellate process, unless they are an appellate attorney, or the Court relaxes the filing requirements, and does some of the research for them.
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For more on this subject check out these categories: Family Law, Termination of Rights
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.