Child Custody and Excusable Neglect
In Price v. Boccardy, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Defendant’s appeal from the trial court’s order denying Defendant’s Rule 60(b) motion to set aside a final custody order.
Price v. Boccardy, COA20-127 (N.C. App 2020).
Facts: Plaintiff and Defendant were the parents of a minor child, three-year-old A.B. Plaintiff Mother filed a verified complaint seeking custody, claiming that the minor child was at substantial risk for bodily injury and sexual abuse. Plaintiff received an ex parte order awarding her temporary legal and physical custody. Defendant filed an answer denying Plaintiff’s allegations and a counterclaim seeking temporary and permanent legal and physical custody. The trial court’s March 7, 2018 order included that the ex parte order would remain in effect, with Defendant Father receiving at least one supervised visitation per week until the permanent hearing was scheduled. Continue reading →