My ex and I have previously gone to court for custody of my daughter, I won full custody and he has visitation. At the end of the hearing, his lawyer volunteered to write up the final agreement, in doing so, he left out EVERYTHING that would benifit me (i.e. summer block of time for vacation and so forth) which had been agreed upon in court. Is there any legal action i can place?
2 Answers from Attorneys
Yes, you (or preferably your attorney) should be able to file a motion
with the court to amend this current order so that it accurately reflects
what the court actually ordered in your custody case.
Before I'd try to answer your question, I'd need to know:
(a) Were you represented by counsel at the hearing (you don't mention that you were)?
(b) If so, since you seem to be the prevailing party why didn't your lawyer draft the final order?
(c) Has the court signed the final order
(d) If so, were you/your lawyer served with the draft final order before it was signed?
(e) If so, did you/your lawyer object to the draft final order before it was signed?
(f) Did a court reporter make a transcript of the hearing?
Charles Harvey Bayar, Esq. (VSB # 16306)
819 Gwynne Avenue
Waynesboro, VA 22980