Urbandale, IA asked in Appeals / Appellate Law, Child Custody and Family Law for North Dakota

Q: My daughter needs to appeal a Child Custody Judgement that was dated July 23, 2020. Im going to file the appeal.

The grand parents intervened after mediation was completed. My daughter lawyer quit because of funding,. so she had no representation at the Zoom trial. The fathers parents had attorney.My daughter and father were never married, his parents took my daughters son when she took a apartment in moorhead mn. the father and his parents live in rural Kindred ND. they kept him there from 09/19 till 01/20, when CPS found meth in the childs system. At the CPs hearing the father was found to have been the cause because of his hair sample drug test. CPS gave primary custody to my daughter and there summary was the father needed service before he could be alone with the child, my daughter was found no service needed. they went through mediation and signed it, his parents intervened after that and at the custody trial they custody to them and the father lives with them,. there is more but i need to know if we can appeal..

1 Lawyer Answer
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Columbia, MD

A: First, I am not at ND lawyer. That being said, if you have a final judgment--or if there's an exception to the final judgment rule, in either the statutes or appellate court Rules in ND--I would definitely answer yes, you can appeal. But be aware, usually you have 30 days to note the ap peal from the date of the trial court decision--no more. And the issues on appeal would be an expanded version of the question you have posted--there's other procedural steps to follow, but these should be in the appellate rules.

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