I went for a child custody hearing and got legal custody of my son. A neutral drop off/pick up spot was assigned to us for my ex's visitations but a mistake was made on the final legal document signed by the judge regarding the drop off location on Sunday's. My atty is a student and told me the case was closed and could not be fixed unless I hired a new atty and opened another case or got on his waiting list of 1 1/2 yr. Is this the case? Is there nothing I can do about this? I have no driving priviliges and somehow it got worded that I have to drive to her place on Sunday's to pick my son up but the rest of the time was the neutral drop off spot which is a church next to my residence. What can I do?
Answered on: 7/19/11, 7:38 am by Eric Willison
If your attorney has withdrawn from the case, you could contact the other attorney or your ex to see if they would agree to a Modified Agreed Order regarding that drop off point on Sundays.
If they will not agree, you could file a notice with the court that you will be appearing Pro Se (meaning without an attorney) and then you could file a Civ. R. 60(B) motion explaining that a mistake had been made in the order on that one particular point and that you wish the Court to to correct the issue with a new Entry.
If a hearing is scheduled on the matter then you could explain your position in person to the court. Be warned that many courts charge a small filing fee (usually under $100.00) to reopen a case.
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