What are the current orders if the case is appealed?

Question:Cordell & Cordell attorney Andrea Miller

I recently had child support and child custody modified. But on appeal those orders were vacated because Virginia (where the final divorce decree was entered) no longer had jurisdiction over the case.

So does the previous order before the appealed modification stand? What are the current orders?

 

Answer:

Unfortunately, more information is needed to determine which Order would be the current Order.  Without looking at the documents, there is no way to tell which Order is current.

It could be that the appeal in 2010 explicitly stated what Order would be current since Virginia had lost jurisdiction. I would look to the Order first to see what that particular Order stated.

Additionally, I am not licensed to practice law in Virginia and therefore am unsure as to what Virginia’s jurisdiction laws are. In North Carolina, once the child has lived in the state for 6 months, then North Carolina can choose to assert jurisdiction.

However, there are other factors to consider in North Carolina assuming jurisdiction. Without looking at the particulars of your case, there is no way to determine which Order is current.

 

Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill.  While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.

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