Cicero, NY asked in Child Custody, Divorce and Family Law for New York

Q: Is the divorce not finalized and is the permanent custody order not in place?

We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to show that I have full custody. I called the Supreme Court, specifically the judges champers and they said the divorce is still active there's no final judgement submitted and no custody order in place. The only thing on file is the temporary supervised visitation order. He disappeared after court and hasn't seen his children or contacted me, but does this mean that nothing has been final and I am legally still married? Does this mean that the new custody order is not active and technically still obligated to supervised visits until he signs the new documents? Also, how can I speed things along and get the custody order? I don't know what to do. I can't get my lawyer to help.

1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the stipulation or other documents.

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