Legal Question in Family Law in Ohio

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?

Asked on 7/19/11, 7:29 am

1 Answer from Attorneys

Eric Willison Law Office of Eric E. 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If your attorney has withdrawn from the case, you could contact the other attorney or your ex to see if they would agree to a Modified Agreed Order regarding that drop off point on Sundays.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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Answered on 7/19/11, 7:38 am

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