Legal Question in Family Law in North Carolina

Re: overturning permanent child custody order

I assume you are representing yourself since you are posting this question to Lawguru.

First, it is not statutes 59 and 60 but more likely N.C. Gen. Stat. 1A-1, Rule 59 and Rule 60.

See http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_1A/GS_1A-1,_Rule_59.html for Rule 59.

Note that a Motion under Rule 59 has to be served within 10 days of the judgment. There may be procedural reasons to bar the hearing of her motion. Also, a movant under Rule 59 has a "high bar" to win. My experience is judges don't like Rule 59/60 motions.

One question: If she represented herself, she has a duty to notify the Court of any change in address. Did she notify? Her failure to do could, arguably, not be adequate justification for a new trial.

See http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_1A/GS_1A-1,_Rule_60.html for the details of Rule 60.

Under Rule 60, she has more time but a higher burden of proof.

You worked too hard to get your order to chance it being changed....

My advice is to hire an NC Attorney to go to the hearing with you and represent you. If you can't afford that, at least consider hiring an attorney to prepare a Responsive Motion and possibly, a Memorandum of Law. Depending on the mother's motion, the issue may come down to "excusable neglect."

If you decide not to hire an attorney locally, we would be willing to help you with the required paperwork and pleadings. Starting next week (Wed), we will have a Virtual Law Office via our website at www.ricefamilylaw.com

However, we have been "unbundling" services for sometime and routinely help folks throughout North Carolina.

Best wishes,

~Mark