Tight deadlines. Clear strategy. Clean records. If a family court order in Guilford County District Court missed the mark, we help you decide between a direct appeal and targeted post-judgment relief, then move fast on filings and transcripts.
Krispen Culbertson has 20+ years briefing and arguing family law appeals and post-judgment motions for Greensboro families—Notice of Appeal, Rule 59 and Rule 60 relief, stays/supersedeas, record on appeal, and transcript strategy—regularly appearing before the North Carolina Court of Appeals after trial work in Guilford County District Court.
Memberships: North Carolina State Bar; local family law section. Courts: Greensboro & High Point District Court; North Carolina Court of Appeals.
Friendly heads-up: this page is general info for North Carolina family cases. It is not legal advice for your situation.
Fast answers
Notice of Appeal deadline: usually 30 days from entry of judgment or service of the order.
Rule 59 window: often 10 days to request a new hearing or ask the court to amend findings.
Rule 60 relief: clerical fixes anytime; other grounds within a reasonable time, some within 1 year.
Stays: support and custody usually keep running unless the court or an appellate judge grants a stay or supersedeas.
Temporary custody orders: many are not appealable; a modification path can be quicker.
Standards of review: many family rulings are abuse of discretion; pure legal questions are reviewed de novo.
You can appeal most final family law orders: custody, child support, equitable distribution, alimony, and attorney’s fees. Civil contempt orders with sanctions can also be appealed. Interlocutory appeals are limited to narrow “substantial right” scenarios. We review the order to confirm whether it is final, truly temporary, or missing the findings needed to support review.
Appeal or post-judgment motion
Sometimes the fastest fix happens in the trial court. Other times, the only path is a direct appeal to the North Carolina Court of Appeals.
When to appeal: legal error on the face of the order, missing required findings, or an outcome that cannot be squared with the evidence even when the judge had discretion.
Rule 59 motion: ask the court for a new hearing or to amend findings where the record shows error or key facts were overlooked.
Rule 60 motion: clerical mistakes under 60(a); excusable neglect, fraud, or newly discovered evidence under 60(b).
Clock control: some post-judgment motions can affect the appeal deadline. We calendar both the motion and the 30-day window so nothing is missed.
Deadlines and the first 30 days
Confirm the date of entry and whether the clerk served the order.
File and serve the Notice of Appeal within the window.
Designate transcripts and exhibits.
Line up the record on appeal items early to avoid scramble later.
Consider a motion for stay or supersedeas if the order would cause immediate harm.
We give you a checklist on day one: who files what, where it goes, and when each step lands on the calendar.
Standards of review that shape your odds
De novo: pure legal questions, such as jurisdiction or misapplied statutes.
Abuse of discretion: many custody, support, and equitable distribution issues. The focus is whether the trial judge stayed within a range of reasonable choices.
Findings of fact: the Court of Appeals looks for competent evidence supporting the findings. Missing or thin findings can lead to reversal or remand.
Knowing the standard tells us whether to target a legal issue, a findings problem, or both.
Building the record the right way
Appeals rise or fall on the record, not on new facts. We:
Order transcripts and verify audibility for each hearing day.
Gather exhibits, financial affidavits, guideline worksheets, and calendars that the judge actually saw.
Fix indexing issues and propose a clean, paginated record on appeal.
Frame issues on appeal that match preserved objections and the standard of review.
Stays, bonds, and supersedeas
Support and custody typically remain in effect while the appeal is pending. For relief:
Ask the trial court to stay parts of the order that would cause immediate harm.
Seek supersedeas in the appellate court when required.
Use targeted terms for custody exchanges and travel so children keep a steady routine.
Post-judgment tools in the trial court
Rule 59: new hearing or amended judgment for reasons like errors of law or newly considered evidence that was presented but not addressed.
Rule 60: clerical fixes, excusable neglect, fraud, or new evidence that could not have been found with reasonable effort.
Clerical corrections: tighten property descriptions, QDRO references, dates, and dollar figures so employers, schools, and agencies can follow the order.
Issue-specific notes for family appeals
Custody Permanent versus temporary orders, best-interest findings, relocation terms, and whether the court addressed safety concerns and each parent’s role.
Child support Worksheet choice (A, B, or C), income findings, credits for health insurance and childcare, and whether the order explains deviations.
Alimony Findings on need and ability to pay, factor analysis, and any cohabitation or remarriage language that affects duration.
Equitable distribution Classification of assets and debts, valuation dates, distributional factors, and whether the order supports any distributive award or QDRO language.
Attorney’s fees Eligibility under the statute and the findings the court must make to support a fee award.
Enforcement while the appeal is pending
Use wage withholding, arrears audits, and clear crediting rules for support.
Seek show cause for willful violations with purge terms that fix the problem.
Narrow relief requests to prevent irreparable harm without grinding everything to a halt.
Appeals that involve UIFSA or UCCJEA bring extra layers: out-of-state records, home-state checks, and continuing exclusive jurisdiction for support. Service members may seek timing relief under SCRA, and some hearings allow remote participation. For more on jurisdiction and registration, visit Greensboro UIFSA and UCCJEA and Greensboro Military Divorce.
Evidence checklist and consult prep
Bring these to your consult or upload them securely:
The signed order plus any prior temporary orders
All exhibits used at the hearing
Financial affidavits and child support worksheets
Parenting time calendars, messages about exchanges, travel logs
Pay records, tax returns, and medical or school records referenced by the court
A short timeline showing what happened before and after the order
We turn this into a strategy memo with the best path: direct appeal, Rule 59 or 60 motion, or a targeted modification.
Do I have 30 days to appeal a family court order in North Carolina?
In most civil cases, yes. The clock typically starts at entry or service of the order. We confirm your exact deadline from the file.
Should I file a Rule 59 motion or go straight to appeal?
It depends on the error. If the trial court can fix it quickly with amended findings or a short new hearing, Rule 59 can save time and cost. If the problem is legal and baked into the order, an appeal may be the better path.
Can I appeal a temporary custody order?
Many temporary custody orders are not appealable. A modification request is often faster and more effective.
Will child support stop while I appeal?
No automatic pause. You may request a stay or supersedeas, but ongoing support often continues.
What is a supersedeas bond?
A bond that may be required to protect the other party while a stay is in place during the appeal.
Can I correct clerical mistakes without a full appeal?
Yes. Rule 60(a) allows clerical corrections so the order reads the way the court intended.
What if the judge did not make enough findings to support the order?
Missing or thin findings can lead to reversal or remand. We review the transcript and the order to see if that path fits.
How do I get the transcript for my appeal?
We order the audio, coordinate a court reporter when needed, and verify the pages match the hearing dates.
Can Greensboro modify the order while the appeal is pending?
Some trial-level actions are limited during appeal. We sort out what can still be changed and what must wait.
How long do appeals usually take?
Timelines vary by record size and the appellate calendar. Early transcript work and a clean record help.
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