Legal Question in Family Law in California
The divorce was final on court. All the child support and everything was ruled upon and stamped.
Her lawyer changed the words of the judgement (not in my favor) saying I cannot pick my son up from school even though it is during "my time". He filed paperwork that looked much like the judgement but like I said changed the wording when it came to my custody time. I refused to sign it but he filed it anyways.A judge stamped it so now I am told it is the "new" judgement. Can I now file the original papers that the court had given us a few months ago and get that to be the new judgement since it was the original judgement??
1 Answer from Attorneys
You need to look at the original judgment which was submited around and if there was a clerical error you should let the other attorney know right away that a mistake was made. If he refuses to change the error, ask him why he believes the change was made. If that doesn't work, then you may need to file a motion with the court asking them to change a clerical error on the judgment. You would need to prove this to the court though.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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