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I filed paperwork for 3rd Party custody last week and going…

I filed paperwork for...

I filed paperwork for 3rd Party custody last week and going over my papers I believe I spelled the Respondents last name incorrectly. i.e "son" instead of "sen". This is going to set everything back? Do I have to refile with the correct name?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Washington state.

Lawyer's Assistant: Has anything been filed or reported?

I have filed a petition, and summons. nothing has been served yet

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Answered in 17 minutes by:
3/14/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 429
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry you are experiencing this issue, but there is a quick and easy fix that will have minimal if any cost and can be done in a matter of days, perhaps even sooner.

The approach will be to file an Amended Summons, and Petition noting that there was a scrivener's error on the caption of the case. Redraft them and note them as just that, Amended. Write a cover letter to the Clerk of Court addressing this and then, preferably, walk them through for filing. If this is not possible, sent them with a self addressed stamp envelope. Most clerks to this with no filing fee, but I encourage you to call in advance to see if there is a filing fee. Ask if there is a charge for amended pleadings amended prior to service.

Send them or deliver them and they will be returned and then serve the Amended pleadings.

You should be good to go with no delay.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 1 month ago
Thank you so much. Your answer was very helpful.

it is my pleasure.

You are certainly welcome and 5 star review are always appreciated. You can also ask follow up questions after rating. Thanks again!

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 429
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
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Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 429
429 Satisfied Customers
Experience: Family Law Attorney in Private Law Firm

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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