How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8948
Experience:  Experienced Family Law Attorney
63726236
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

My Husband Filled Custody, Both m & The Mother Signed It,

Customer Question

My Husband Filled For Joint Custody, Both Him & The Mother Signed It, The Judge Signed It And We Got The Papers About A Month Ago. She's Met Someone Out Of State And Is Wanting To Move, So She Says The Papers Are Not Valid Because On The Papers It Says Christy & Her Legal Name Is***** Legal, Do We Have Joint Custody?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

A few more minutes please as I look into this.

Customer: replied 1 year ago.
Ok.. Thank You
Expert:  LegalGems replied 1 year ago.

Thank you for your patience. According to Rule 60 of the Alabama Civil code (http://judicial.alabama.gov/library/rules/cv60.pdf), a scrivener's error is a basis for the court to amend an order or judgment. What this means is that the court will essentially rewrite the order so that it complies with the true intentions of the court (or the parties if it was a stipulation). In order to make it effective, a party needs to bring a request (motion) to the court to amend the order, so that it accurately states what the court intended. Typically the party wishing for the Rule 60 amendment will hire an attorney and propose to the other party that they sign a stipulation (a legal agreement) and file it with the court. If the party unreasonably refuses, the court will consider awarding legal fees to the requesting party, in order to compensate them for the refusal of the other party-assuming that it was unreasonably refused. This will often times solve the problem.

Customer: replied 1 year ago.
do we still have Joint Custody until she hires an attorney, or do we not have Joint Custody
Expert:  LegalGems replied 1 year ago.

Unfortunately, until the order is amended the order can be challenged by either party (http://caselaw.findlaw.com/al-court-of-civil-appeals/1131444.html). However, if a parent moves out of state when there is a cloud on the order, the court will generally look with disfavor on the party initiating the move. Many orders also contain move away restrictions. Most courts will expect both parties to act in good faith, so if it is a scrivener's error (typo) and a party blatantly violates that, while they cannot be held in contempt (because they can argue it was not "willful" due to the scrivener's error) that can be a basis for a change of custody/visitation (based on the bad faith). Typically a Rule 60 modification will be brought to the courts attention, and both parents will comply with the order as written to show good faith; but unfortunately it is unclear from a case law perspective as to what the governing law is in the interim

Expert:  LegalGems replied 1 year ago.

-------------------------------------------------------------------------------------------------- Thank you for using JA. If you have further questions please post here and I will reply. Otherwise kindly rate Positively so the site credits me for assisting you today. Thank you and take care!!

Expert:  LegalGems replied 1 year ago.

I hope I answered your question to your satisfaction. If you have further questions please post here. Otherwise, if I have answered the question to your satisfaction please rate positively so I receive compensation for researching this for you. Thank you.