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To Appeal or Not to Appeal?

In Separation & Divorce by Elizabeth Stephenson

If you have been in the process of a divorce or child custody dispute that went before a judge, there are probably times that you think the judge got it wrong. When this happens, you should speak with your attorney in order to better understand the process of an appeal. An appeal is the process in which a party to a lawsuit challenges a judge or jury’s order to North Carolina’s Court of Appeals—which is comprise of 15 judges who hear cases as 3-judge panels. In appealing an order, the party appealing must present legal authority, records from the trial court, and argument to demonstrate why the order should be reversed, revised, or the case dismissed entirely. Why Do People Appeal? People appeal a court’s judgment because they have a …

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Is it Possible to Appeal a Child Custody Order?

In Child Custody by Elizabeth Stephenson

Most child custody cases are resolved by agreement. This is best for the parties and best for the children as an agreement is harmonious and indicates a greater likelihood that parents can learn to co-parent their children. Unfortunately, there are cases where parents “dig in” and there is a gap between parents that is too great to overcome, even through court ordered mediation. In these cases, it becomes necessary for a case to go to trial and for a court to resolve the matter. Predictably, when courts enter orders following a dispute, one or both parties may walk away unhappy with the resolution. This presents the question: Is it possible to appeal a child custody order? The answer is yes. In order to appeal a child custody order, a party …

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Appealing a Child Support Order

In Child Support by Sarah Hink

No one can genuinely argue that child support is unnecessary. Every state in the country has child support laws based on an underlying presumption that each parent should bear financial responsibility for their children. For separated parents, the non-custodial parent’s child support obligation can be a source of incredible contention. These battles generally stem from some combination of lingering resentment between the parents and conflicting senses of justice: that one parent isn’t willing to pay their share or that the other parent is asking for much more than they need. If you are currently in a child support dispute, or if a court has entered a final order that includes child support, you should be aware of what an appeal of that order Appellate Court’s Standard of Review Following the …