Douglas, GA asked in Family Law, Child Custody and Legal Malpractice for Georgia

Q: Can you take on a Court that made an error by not filing the child visitation they ordered?

It was ordered by the court in front of both parties and their lawyers. That error caused the child's father to be able to move her several states away and cut off contact with the mother.

The Court ordered the visitation in the courtroom that day with everyone and their lawyers present but did not file it. I have called the Clerks office and was told that there is no record of it. The error done by the court in question was not done in the details of the order but in the fact that they never filed it so it's as if it never happened. That is what allowed the father to move and do what he did since he didn't have to answer to the court.

3 Lawyer Answers
Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: This question doesn't make sense. An "error" in an order would not allow a party to move away and cut off contact with children. There is something else going on, and you should consult with an attorney who can review the court orders and give specific advice.

Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

A: I agree with what the other attorney. My suggestion is for the represented mother to contact her attorney and figure it out. This is not an error on the part of the Court.

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: I agree with counsel. You need to discuss this matter with your attorney. If you don't have one, you need to get one.

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