can this be an error?

[Happilydivorced]

What is the name of your state (only U.S. law)? ny
i never cared to get a copy of my divorce papers, so now i need them to get my kids passports, when i realize that the divorce papers state that the father has sole custody keep in mind he hasnt seen kids in about 6 yrs and they have lived with me always. this seems to be a error or a type o what should i do?

 

[CourtClerk]

Who was responsible for preparing the judgment? Check the judgment against the minutes of the hearing. If it's a clerical error, motion the court to have the judgment corrected nunc pro tunc.

If it's not an error, then petition the court for sole cutody of the children.

 

[Happilydivorced]

do i just have to go back to court for that? is it that simple? do i need a lawyer?

 

[CourtClerk]

That depends:

Who was responsible for preparing the judgment?
Do you know how to write a motion?
Do you know what nunc pro tunc means?
Did you represent yourself in the divorce?

 

[Happilydivorced]

both attorney's. but the last time we were in court the day the divorce was granted i remember them saying i had sole coustody and the children have lived with me alawys he was supposed to have supervised visits but refused to pay for them, so he has never seen the kids since, and no to the 4 questions you asked me . i really appreciate you taking the time to answer my questions.

 

[CourtClerk]

Both attorneys could not have been responsible for preparing the judgment. One or the other prepares, then the other one approves. So which is it? Who had the attorney that screwed up the first time (if there was a screw up)?

If one of the attorneys messed it up, make them fix it. If you don't know or the answer to the rest of those questions is no, then you need to hire an attorney to fix this for you.

 

[Happilydivorced]

ok im looking at the papers now and it seems that it was his attorney, sorry for the mistake. his attorney prepared them and i agreed, i didnt really care about anything except the custody of my kids. That was all i wanted. can i go into court and read the transcripts?and see if it was a misprint?

 

[CourtClerk]

I don't know if transcripts are available, but why don't you start with the minutes.

 

[Happilydivorced]

can i go into the court to read them on my own?

 

[CourtClerk]

can i go into the court to read them on my own?

Call the court and ask them

 

[Happilydivorced]

thank you have so much !!! i was so lost and you provided me with a direction.... i just have 1 more quick question. the divorce decree states that he was supposed to pay me 400.00 bi weekly for 4 years and i never recievd a dime.How do you reccommend i go about gettiing this money that he was suoopsed to start paying me in 2003 until 2004?

 

[CourtClerk]

thank you have so much !!! i was so lost and you provided me with a direction.... i just have 1 more quick question. the divorce decree states that he was supposed to pay me 400.00 bi weekly for 4 years and i never recievd a dime.How do you reccommend i go about gettiing this money that he was suoopsed to start paying me in 2003 until 2004?

File for and have him held in contempt of the court order. For this, you will need an attorney

 

[Happilydivorced]

thank you very much. i have to do lots of thiking my ex is a police officer and i am somewhat afraid of what his reaction might be. it sucks when u think the law is on your side, but its really on his. would protect him more then me.

 

[Ohiogal]

The divorce was six years ago and he was supposed to pay for four years? You need to get a move on if you want to file contempt. Also most likely you are not going to get an "error" corrected this late in the game.