Question

Eric lives in Charlotte. He sues Tina for custody of his child because he believes she is an unfit mother. The court ruled in Tina’s favor. Eric now wants to appeal the decision because he recently found out that Tina is hitting their child. In which court should he file his appeal, and what should he file in that court? If Eric also does not like that second court’s decision, could he file an appeal in another court? Why or why not?

Answer 1

Usually the decisions in the child custody cases are unappealable but in case where the jury has made an error in judgment or otherwise, Eric may still have some chance to file a petition in the court for modification. Further, if Eric does not like the decision of the second court, he can go to the higher appellate courts but the judgments would still be on the basis of the same principles as that what was applied to the lower courts. Eric cannot introduce to the Court any new testimony or witnesses. The Appellate court shall only review the transcripts of the lower courts and base its decision.