Question About Child Custody Appeal


#1

My ex and I have been divorced (thanks to her affair) for several years. We are both remarried. My child has been taken away from her mother because of parental alienation issues although that term was not used in court. We presented sufficient evidence to prove it and she is to come live permanently with us in a few weeks. We have now moved from NC to CA due to the Marine Corps. The order for child custody change was filed in NC it looks like around December 10, 2012. I just received a copy of a letter that my ex-wife’s appeals attorney has written to the NC appeals court, demanding that the order be reversed and not filed in CA because my ex has filed an appeal with the State of NC and because, as the letter says, “the child custody has not been finally determined.” I thought the child custody determination was decided last year when I was awarded primary custody?? The letter says that my daughter should stay with her mother instead of coming to live with me until the appeals process is over. There is no calendared date for this in any state. What is happening here? Can she stop my child from coming to live with me? Do I have to keep fighting for her? We lost the first round trying to get custody several years ago and my ex moved her to OR while I had to stay here in NC. She still lives in OR and now we are in CA but the order was made when we were living here in NC. My daughter had lived here all of her life until her mother moved her. She hasn’t even lived with us yet and already she is trying to take her away. My daughter is also a dual-citizen of another country which is another concern of ours.


#2

I cannot accurately answer that question without reviewing the order,the notice of appeal, and the letter that you are discussing, but without reviewing the documents, it would seem that the order that is in place would need to be followed until the outcome of the appeal is known.