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Final Order of Joint Legal Custody

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Junior Member
What is the name of your state (only U.S. law)? NY


I reside in New York. I went through a custody trial process and received Joint Legal Custody with visitation and primary residence to the mother. The final order was issued in December of 2013. Since then the mother of my child filed a petition a Notice of Motion to Amend Order to Conform to Transcript of Hearing. The court date is in the upcoming fall. Basically, the final order like I said gave joint legal custody, but her lawyer is saying that on page 12 of the transcript it read as follows "The court is going to issue a final order of custody to the mother". The judge had clearly went over the final order and spoke of the specifics of the joint legal custody during the last day of court in December 2013. However, her lawyer states in petition that the final order should reflect what the transcript stated, thus giving custody to the mother. Is this possible? Will the judge amend the order (it will be approx. 10 months later after order was issued when new court date arrives) when the final order clearly states joint legal custody and the judge had emphasized this verbally when the order was given? Would I need to retain a lawyer for this? Like I said before joint legal custody was established after a lengthy trial process. This was process was concluded.

Thanks for any advice given, well appreciated.


Senior Member
To your question "do I need an attorney": If you're asking that question, the answer is probably 'yes'. If the other party has an attorney, the answer is probably 'yes'. If you're wondering what to do right now, the answer is probably 'yes'.

I'd advise you not to let them win this issue on a nitpicky technicality when the spirit and letter of the court's order were obvious. Let attorneys battle attorneys with their technicalities; laypeople are at a distinct disadvantage in cases like this.

Unfortunately, finding this joker and punching him in the nose is not legal, therefore I cannot advise you to do that.

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