Is a Permanent Custody Order Always Permanent in North Carolina? (Part 2 of 2)

Our last blog covered the facts of Williamson v. Smith (909 S.E.2d 926). Father argued that the custody order was permanent, while the mother argued that it was not.

The Court of Appeals sided with the mother. Why? Whether an order is temporary or permanent is a question of law, and the label the trial court puts on the order is not binding. Courts look at the substance of the order over the name.

That means an order is temporary if it:

Is entered without prejudice
Sets a clear and reasonably short time to come back to court
Does not resolve all of the issues involved in the case

(You can learn more about how appellate courts apply these rules in our discussion of temporary vs permanent orders in King v. King.)

In the case of Williamson v. Smith, the “Permanent Custody Order” gave the mother about six months to seek relief without showing a substantial change in her or the child’s circumstances. In substance, the order was temporary despite the title.

Thus, the trial court correctly used the best-interest standard, and joint custody was affirmed.

The Father’s Second Argument: Due-Process Rights Violation

The father also argued that the court had violated his due-process rights by changing custody at the earlier February 2023 hearing without taking testimony. However, this argument failed, as the appellate court never reached the merits of that particular argument.

It’s important to note why the father’s rights violation argument failed: his notice of appeal named only the May 2023 order – not the February 2023 order he was technically complaining about.

In North Carolina, a notice of appeal must designate every order a party wants the court to review – a requirement that is jurisdictional. As the father failed to appeal the February order, the court had no power to review it.

What Does Williamson v. Smith Tell Us About Custody Cases in North Carolina?

The process and outcome of Williamson v. Smith offer anyone involved in North Carolina custody cases a few insights that are worth noting – particularly when it comes to how custody orders are titled versus their substance.

An order’s label does not decide the case: Even if an order is titled “permanent”, it can be legally temporary if it leaves the door open for a quick return to court.
Temporary custody orders are easier to change: If an order is legally temporary, the other parent is only required to show what’s in the child’s best interest rather than a substantial, documented change in circumstances
It’s important to act within the window of time the court provides: In Williamson v. Smith, the mother preserved her position by filing quickly, before the temporary custody order could become a permanent one.
If you wish to appeal, name the right order: The father’s argument for appeal wasn’t heard by the court because he failed to name the particular order. Always ensure a notice of appeal includes every case you wish to have reviewed.

Are You Facing a Custody Dispute in North Carolina?

When it comes to custody, every case is unique – and every family deserves to know what their rights are and the process required to seek the best possible outcome. The difference between a temporary and permanent custody order could shape your family’s future for years to come.

At Woodruff Family Law Group, our team can help you understand the options available as well as how you can build a strong case. Contact our Greensboro family law team today to schedule your consultation.

This blog is for informational purposes only and is not legal advice; custody outcomes turn on the specific facts of each case.