In this article, you can learn about:
- How you can best proceed with custody arrangement modifications.
- How the appeals process works for custody modifications.
- The chances of appealing custody modifications.
Do Custody Arrangement Modifications Always Need To Be In Writing?
It is essential for divorcing or separated couples to communicate any changes in custody arrangements in writing. This will help to avoid any confusion or misunderstandings and will protect both parties in the event of a dispute. Most states have online resources to help couples develop a parenting plan that works for them without the need for costly legal assistance.
In today’s more modern era, attitudes about whether or not you need to marry legally are changing. However, North Carolina has a one-year and one-day waiting period before you can file for divorce. This provision allows parents to have a year and a day to work things out before they get an absolute divorce.
North Carolina law requires parents to mediate their parenting plan or custody arrangement. This provision ensures that parents have the opportunity to work out their differences and come to a mutually agreeable arrangement. However, the matter may be referred to the court in cases where the parents cannot agree. In such instances, it is often helpful for the parents to seek counsel from a mental health professional or family lawyer.
If The Court Changes A Custody Arrangement, Can The Opposing Party Appeal It?
The court’s decision on custody arrangements can be appealed by the opposing party. However, appealing the decision puts a heavy burden on the judge, as there is no jury or panel to make the determination. The judge must instead base their decision on broad-stroke factors that present the totality of the balance.
The appeals process for family law cases is designed to give the judge a broad range of discretion in making decisions. This is because an appellate court panel or the Supreme Court does not want to pretend that they understand the case better than the original court did, no matter how much documentation has been submitted.
It is important to remember that even though a judge may have the discretion to make certain decisions, this does not mean they are immune to making mistakes or abusing their positional power. There have been many instances where a judge has made a clear error in their decision-making due to misinterpreting facts or not having all the information available. However, it is essential to keep in mind that unless you have a strong case against the judge’s decision, it is likely that any appeal will be overturned.
With the guidance of a skilled attorney for Family Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
For more information on Family Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (828) 882-2295 today.