North Carolina Divorce Lawyers Blog

Articles Tagged with appeals

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Legal custody and physical custody are not the same thing. While both are brought up in North Carolina custody cases, they deal with two different aspects of parenting. Physical custody applies to the parent that has the child in their care. Essentially, the parent with whom a child lives most of the time has physical custody. Legal custody carries the right and responsibility to decide on important matters for a child’s welfare and best interest. Continue reading →

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Parents and guardians who wish to change their child custody order typically must file a motion to modify. Additionally, the parent who files the motion, sometimes referred to as the moving party, must prove that there has been a substantial change in circumstances that impacts the child’s wellbeing.

Can a trial court choose to modify a custody order even when neither parent has filed a motion to modify? Not generally, but a recent Court of Appeals case highlighted a specific scenario in which this might occur. Continue reading →

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When awarding spousal support in North Carolina, courts must look at various factors to determine not just if support is appropriate but also how much to award and for how long. Continue reading →

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The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that has been enacted by the majority of states, including North Carolina. The UCCJEA establishes subject matter jurisdiction in child custody cases and indicates which court has the authority to decide on a custody issue. Continue reading →

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Spouses in North Carolina who are contemplating divorce may consider entering into a separation agreement, and this is a beneficial option for many husbands and wives. What happens if one spouse violates the terms of the agreement? Separation agreements that are not incorporated into a court order are typically subject to the same enforcement rules as other contracts. Continue reading →

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North Carolina family law cases often decide on some of the most important elements of a person’s life. From property and assets in a divorce to child custody arrangements, the outcome of these cases can significantly impact everyone involved. If you feel that the court’s decision is incorrect or unjust, you may be able to file an appeal.

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In North Carolina, parties to a case may be able to file an appeal if they believe the trial court made a mistake of law or legal procedure.[1] Appeals courts analyze decisions by the trial courts to determine if the law was applied appropriately and to ensure there were no conduct errors. There are a few potential rulings that the appeals court can make. Continue reading →

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It isn’t uncommon for at least one party in a divorce, child custody, or support matter to be disappointed with the outcome of the case. Some people may think that filing an appeal is an obvious option to have another shot at a more favorable judgment, but that’s not how it works. When you appeal, the appeals judge will examine the decision made by the lower court to look for possible mistakes, omissions, or misapplications of the law. Continue reading →

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If you have an active or pending family law case, you have likely heard many terms that you’re not familiar with. The complexity of North Carolina laws can make family law proceedings difficult to navigate, especially when you aren’t fluent in legalese. If your case has already been through a preliminary hearing or has temporary order in place, you may have heard the word interlocutory.

Outside of the legal world, this is not a common word, so it’s understandable if you have questions about what it means for your pending case. Continue reading →

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AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). 

  1. Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to Plaintiff, visitation to Defendant. It further required each party to obtain and exchange psychological evaluations and to attend counseling. Eventually, the custody matter was set for trial in spring of 2021. On the first day of trial, Defendant provided a list to Plaintiff containing three expert witnesses that he planned on calling to testify. Defendant also provided the witnesses’ CVs and the written reports of two of the witnesses.  Plaintiff objected and wanted to exclude the expert testimony. The trial court agreed, and entered an Order that excluded Defendant’s three expert witnesses from testifying. When trying to settle the record on appeal, Defendant wanted the CVs and written reports of the experts included, while Plaintiff objected to their inclusion. In judicial settlement of the record, the trial court ordered that the reports and CVs not be included. Defendant appealed. 

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