Appeal question

Business 10 views 2 answers
In child custody I need to file a motion to stay and notice of appeal. Is the motion to stay filed first or the appeal notice and then stay? How long does it take an appellate court to issue a stay in child custody proceedings? Thank you for your help.

Attorney Answers

2
David Johnson ·
It depends on the situation. If execution of the Order is going to irreparably prejudice your case, you need to file a Motion to Stay immediately. Part of the underpinning of that Motion would be your intent to appeal. David
0 upvotes
James Coleman ·
You are missing a necessary step. You should first file a Motion under Rule 59 to alter amend or vacate, and then appeal from that. You really, really need to hire an attorney to assist you with this.
0 upvotes

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