North Carolina Divorce Lawyers Blog

Articles Tagged with appeal

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Plaintiff Nigel Williams (“Father”) and Defendant Latoria Johnson (“Mother”) were married on May 1, 2015.  Father and Mother had one child born February 17, 2016.  Father and Mother then separated on April 30, 2016.  On January 17, 2017, Father filed a complaint for child custody.  On April 28, 2017, a custody order was entered granting joint legal custody of the minor child to Father and Mother, primary physical custody to Mother, and secondary physical custody by visitation to Father.

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Appeals are very technical. A filing with the Court of Appeals can happen after a final judgment, or as an interlocutory appeal—meaning before the final judgment. But in order for the Court of Appeals to properly hear your case, you have to provide them with all the facts. The Court of Appeals is not a fact-finding court; you are bound by the facts that were presented in the trial level, and further bound by the facts that you present to the Court. Those facts are included in the “Record on Appeal.” Continue reading →