Legal Question in Family Law in Texas
If divorce papers are drawn up and signed by a judge and the divorce is now legal and you go back and are reviewing the documents and notice that one of the children from the marriage has the wrong last name in the document, the mother was awarded custody, does she in fact have custody of this child or if the child wishes to remain with the father and the father wants her to remain with him can they do this based on the papers not having her proper name on them. Basically the mother has custody of a child who does not exist. The papers have the social and birthdate of the proper child but the name is not what is on the social or birth certificate.
1 Answer from Attorneys
It's a typo! It happens all the time.
If you want to violate a judge's order & then appear in front of the judge and argue what you just put in this "question" what do you think the judge will do -- I suspect that you will put put in jail for contempt of violating a judge's order!
You are trying to "split hair's" & most judge's don't like a person trying to avoid not listening to them!
Of course, you are free to do what you want & then try to argue your case in front of a judge later!
As an experienced family law attorney with 20 years experience, I would not take your case! I would not embarrass myself in front of a judge trying to argue that the child did not exist!
Of course, there are many lawyers that are willing to just take your money & let you cool your heels a few days in jail or pay your ex's legal fees!
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