How long do I have to appeal a court decision?

Asked almost 5 years ago - Fayetteville, NC

How long do I have to appeal a courts decision about vistation of my daughter?

Attorney answers (2)

  1. Mark S Williams


    Contributor Level 14

    Answered . A rule 59 motion for a new hearing must be made withing 10 days of the entry of a written order. A Rule 60 motion (harder to get) may be made within 1 year. An appeal must generally be filed within 30 days.

    Bottom line = you are running out of time. Talk to an attorney ASAP!

    Disclaimer: Information posted for educational / informational purposes only. No attorney client relationship created through the use of this web site. Information pertains to the State of North Carolina only. See our website, for more information.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . You and your girl's other parent may - by agreement - seek to modify the terms, but even an agreed-upon visitation order must be judge approved to be enforced.

    Without such an agreement, and to appeal, you must go to the court for a rehearing to argue something different - a change in circumstances - on the pros and cons of the proposed visitation schedule change. You as the parent proposing the visitation change must prove or show the change of circumstances.

    You cannot do this as effectively if you go it alone.

    You need a lawyer. Check with a North Carolina lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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