Custody order


#1

I have filed a motion for relief of judgement to get the custody order typed up correctly as ex’s attorney has typed up different from what judge ordered. My ex is now emailing and calling me and saying that the 2 lawyers agreed on the changes and the judge signed the order so there is nothing I can do now. Is that correct? I have the recorded court hearing in which the judge outlines the custody schedule for when school started for my son and it is completely different from what ex’s attorney typed up. My attorney did not let me review the order before it was signed.

I have filed motion for relief of judgement under rule 60 (b) and I know the time limit is up for 60 (b) 1, 2, and 3, but for 60 (b) 6 there is no time limit. My ex is trying to get me to drop the case and not go to court because the time limit is up for 60 (b). However, 60 (b) 6 basically states “any other reason justifying relief from the operation from the judgement.”

Is it basically up to the judge to decide whether to correct the order or is this something that cannot be changed once the judge has signed it?


#2

Yes, the judge will decide on your motion and the facts you have supporting that motion.