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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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If the opposing party prevailed - and they are writing the

Customer Question

If the opposing party prevailed - and they are writing the final child custody order - are they free to include findings of fact that were not orally stated by the judge?
Submitted: 1 month ago.
Category: Family Law
Expert:  JD 1992 replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 1 month ago.

No. they're not supposed to. The only exception would be if the judge made a decision and he must have made a certain finding on order to issue that order. Otherwise the party should only put finding in the order that the judge specifically made.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 1 month ago.
when the order is written and given to my attorney, do we have an opportunity to requests revisions based on what was actually stated? How does that process work?
Expert:  JD 1992 replied 1 month ago.

You can file objections to the order, submit one that you think is correct, and ask the judge to set a HEaring on ENtry of Order.

Customer: replied 1 month ago.
Do you have to file objections to the order before it is even signed? Or can you request that the other attorney correct it before it is signed/presented to the judge?
Expert:  JD 1992 replied 1 month ago.

Yes, you would want to object to it as soon as possible and before it is signed if possible. You can also send a letter explaining the problems to the other side but you want to file the objections with the court even before you write the letter.

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