Why the N.C. Court of Appeals Vacated a 2023 Custody Order

In this post, we will discuss the implications of the Aguilar v. Mayen case and why the North Carolina Court of Appeals has vacated a custody order. If you are a family lawyer, judge, or a parent in North Carolina, you’ll find this case important, especially from the perspective of how custody orders need to be written to stand.

What happened in Aguilar v. Mayen?

In 2023, the trial court in the Aguilar v. Mayen case awarded the sole custody of a child to her mother. The father’s appeal followed in 2024, after which the North Carolina Court of Appeals vacated the custody order and remanded the case.

The central reason behind the decision is the legal insufficiency of the findings. The trial court  found that the child was “well cared for”, first by the mother and later jointly by the mother, father, and father’s wife. However, the factual written findings that tie the evidence and demonstrate that acting in the child’s best interest were absent and are required by N.C. Gen. Stat. § 50‑13.2.

This case will have significant implications for future custody orders (primarily in NC, but likely to be cited nationwide). As you are about to read, written findings requirements must be duly met for the custody order to stand, or else the parents and the child might face an appeal and be dragged through another unpleasant trial.

Why the written‑findings requirement matters

The N.C. Gen. Stat. § 50-13.2 implies that the custody order can only be given to the person “who will best promote the interest and welfare of the child”. To do so, the court needs to take all of the relevant factors into full consideration, starting from the broadest ones, such as domestic violence and child safety, and going to the specific circumstances of each parent and how those will affect the child’s life.

The most crucial part is that the court order must include written findings addressing all relevant factors to withstand appellate review. In Aguilar v. Mayen, the written findings were missing, preventing the appellate court from upholding the custody order.

Not just mere formalities

While this might seem trivial (after all, the trial court found the child was well cared for), we aren’t talking about mere formalities.

The written documentation often includes health records, safety evaluations, and evidence of a parenting history. Therefore, it’s essential for the court’s decision.

Having written findings that back up the decision forces judges to directly and explicitly connect the present evidence to the ultimate custody decision. But they also allow appellate courts to review the entire case and decide whether the lower court has applied the statute correctly and considered all the circumstances, acting in the child’s best interest.

Broader impact and takeaways

Aguilar v. Mayen demonstrates that the courts in North Carolina need to do far more than state the apparently obvious. The case is particularly interesting because the lower court found that the child received good care from both parents. Still, the lack of written evidence supporting the custody order led the North Carolina Court of Appeals to vacate and remand the case.

The result of the Aguilar v. Mayen case serves as a warning against inadequate custody orders. Judges, lawyers, and parents can learn from it.

If you want to avoid your custody case being vulnerable to appeal, you should work with experienced divorce lawyers who will present sufficient written evidence to the court. That will allow the court to make a decision that ties that evidence and written findings to the child’s best interests, thereby making the custody order stand after an appeal.

Contact Woodruff Family Law Group today, and let our experienced team of divorce lawyers take a thorough look at your custody case, ensuring you don’t risk a lengthy procedure due to missed procedural formalities.