Right of appeal


#1

Dear GavinStein2004:

Greetings. We are currently appealing a similar situation. Go to see an attorney immediately to see if you can file a Rule 59/60 motion prior to filing for an appeal.

An appeal can take up to a year or longer, depending on whether your spouse replies, the court of appeals case load, etc. Let us know if we can help if you are in North Carolina. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Please help. I would like to appeal a decision. Judge ruled after 4 months of “deliberation” that there is no significant change in circumstance justifying a change in visitation beside me (the paternal parent relocating to the same city from a DIFFERENT STATE to be in the same city as that of the child.

Judge did not provide specific findings of fact to justify her decision. Rather I believe she made this decision without reviewing any evidence. Furthermore in Court (and it is on the record) she indicated that a substantial change in circumstance had occurred. Therefore my current visitation schedule is based on a long-distance schedule.

If a permanent relocation for the parent to be in the same city as the child does not justify a material change in circumstance that is in the best interest of the child then what does? This Judge took the easy and lazy route to the detriment of the child. I would like to proceed either with a formal appeal. How long does it take to appeal the decision? Please advise. Thanks.