Legal Question in Family Law in New Mexico

if my date of birth is wrong on custody is it void


Asked on 2/01/14, 11:00 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

You should give more information about the order. Are you a person who was awarded custody or the person who is in custody? If the former no harm, unless you are a minor and the date in the custody order makes you an adult. If the latter the only substantive effects it would have would be if your correct date of birth would make you an adult or if you are over 14 and were not allowed certain prerogatives permitted to those over 14 because the incorrect date showed you as under 14. Assuming these substantive issues don't apply then no harm. However if it bothers you, you can make a motion for the court to correct the order "nunc pro tunc," which is used to correct clerical, non-substantive errors in final judgments and orders.

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Answered on 2/02/14, 11:19 am


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