Yes it is legal, you can waive many of your rights in a court proceeding. I agree with most of the responses to your question, you can file an appeal but it will be difficult without a record of the proceedings. However, if will help if you have a detailed Order that contains the Judges reasoning on the issues decided.
You need to contact an attorney who handles Family law cases in North Carolina. I would need more information to answer your question. I would need to know what papers your signed. If you still have the papers your signed take them with you when you consult a lawyer in North Carolina.
Your objections needed to be made a part of the record. In other words, there must be some evidence in the record that the court considered your position that he presented false statements and ruled against you in order to file an appeal. However, child support is always modifiable , so you can also file for a modification of support once you have the evidence to show the court that the father presented false statements during the previous hearing.
I need more information to answer your question. It depends on what stage you are in the custody proceedings, if a final custody order has been entered by the family court, it can be appealed. If it is just a temporary order, the family court still has jurisdiction and you will need to fight for custody in that court, I suggest you contact a family law attorney in Tucson as soon as possible.
remember child custody is always modifiable, don't give up!
I agree with the other answers, however, you can also file a motion for rehearing or rehearing en banc, in which you are requesting the entire Circuit Court to hear your case. Once this motion is filed, it will toll the filing time of a Petition for Writ of Cert to the U.S. Supreme Court. If this motion is denied, you will still have 90 days to file you Writ with the Supreme Court.
If you have a Final Order, you can likely file your notice of Appeal, although you should check with an Appellate Attorney in Seattle for the exact Rules of Procedure. You only have a certain period of time to file a notice of appeal, and you want to make sure you do not miss the deadline. You can also go ahead and order the transcripts from the hearing, these transcripts will be important for you appeal, as they will be included in the Record on Appeal.
You have 30 days to appeal the Final Order, and you start the appellate process by filing a Notice of Appeal. However, if you entered the agreement on the record, appealing the Order may not be your best option. If it is clear from the record that you entered the agreement freely and voluntarily it will not likely be overturned on appeal. The Appellate Court only reviews what is in the record, so issues that were not mentioned in court will not be addressed by the Appellate Court.
You can check to see if the Court of Appeals has an online docket, if so, the case should come up in a docket search if an Appeal was filed with the Court. You can also call the Clerk of Court for the Court of Appeals to check the status of the Appeal. You just need the person's full legal name.
You need to find out what stage of the appellate process your nephew's case is in, for example, has a direct appeal been filed and if so, the outcome of that appeal. If a motion for change of venue was not made at the trial level, the issue is likely waived. However, I would talk to an appellate lawyer in California first to determine what may be appealed. You stated he needed help with a habeas Corpus appeal, but you must first find out the date he was convicted and the date the judgment...
I suggest that you read the Appellate Rules of Procedure which you should be able to find on the Appellate Court's website. The appendix contains the documents for the record on appeal. In other words, the documents the court needs to review for your appeal. As the Appellant, it is your responsibility to put together and file the Appendix. It is therefore essential to an appeal. I would respond to their motion asking for additional time to file an appendix, but check the Rules first. I...