I have a friend that is having alot of custody issues with his ex. She is out of control. His custody papers have her name spelled very wrong. She signed the papers and read them. I just need to know if they are still legal if the info is wrong.
2006-12-27 04:10:21 · 15 answers · asked by racersgrl 2 in Family & Relationships ➔ Marriage & Divorce
better to ask a lawyer
2006-12-27 04:13:55 · answer #1 · answered by wrfab 4 · 1⤊ 0⤋
When I use to do divorce papers for people, the courts where strict, I'm surprised it got as far as it did without being stopped. However once the court has ruled on it, the only recourse would be to have it corrected.
Go to a lawyer to make sure she can't use the miss-spelling of her name as a loop hole.
It's kind of like when you get a speeding ticket if the officer puts your name down wrong or your license number wrong you don't have to pay it, the court will throw it out. Even thought it was handed to you.
A lawyer and notary republic can correct it but it may need to be refiled with the courts after wards too.
2006-12-27 04:24:01 · answer #2 · answered by unknown friend 7 · 0⤊ 0⤋
All his lawyer has to do is file an amendment with the correct spelling of her name, in court documents all the Tees must be crossed and the I dotted, as they saying goes. It might not make a difference but why take a chance. If it is indeed her signature. she read and signed. all that needs to be done, is, in the presence of a notary public make the correction on the actual custody papers. and she just needs to initial the correction.
Good luck to all.
2006-12-27 04:16:56 · answer #3 · answered by artist-oranit.com. 5 · 0⤊ 0⤋
If it is filed with the court system, it is legally enforcable. doesn't matter if her name is spelled wrong, or if some other typo even changed the visitation schedule. what is filed is enforcable by law.
the filing refers to the entire case, (by file number) so mispellings would not make any difference to the validity of the terms of agreement.
However, if it was signed, or agreed verbally, but NEVER FILED IN COURT, it's just scrap paper. doesn't mean a thing.
2006-12-27 04:19:46 · answer #4 · answered by GoldenRetreiverLover 2 · 0⤊ 0⤋
Just her name is spelled wrong? She probably should have the name corrected. Thats about all she can do. An order is an order. Both parties involved knew that when they signed the papers.
2006-12-27 08:52:51 · answer #5 · answered by Anonymous · 0⤊ 0⤋
There is no wrong way to spell a person's name. If all the rest of the information is correct, I would say yes. Court orders are court orders..... Anyhow, if he signals the fact that the name is spelled wrong, it will be corrected by an ammendment to the court order.
2006-12-27 04:14:33 · answer #6 · answered by The ReDesign Diva 7 · 1⤊ 0⤋
The papers are still good. and the best thing your friend can do to help his case is to not deviate from what the court orders are. if he thinks shes out of control now, just wait until he tries to get along with her without following the court order.
The paper is good as gold. Stick to it. It's his only real protection,.
2006-12-27 04:18:31 · answer #7 · answered by Tired of being Mr. Nice 3 · 0⤊ 0⤋
If she signed the papers I believe they are still legal documents. She obviously knew they spelled her name wrong and she still signed them. I had to file a restraining order against someone and their description was totally wrong but the order was still good.
2006-12-27 04:23:11 · answer #8 · answered by flutterby 4 · 0⤊ 0⤋
Custody papers are good. If changes are needed, go back to your lawyer for another court date.
2006-12-27 04:16:03 · answer #9 · answered by Sunflower 6 · 0⤊ 0⤋
Yes, they are legal, but I would take steps to have the court amend the papers to change the spelling of her name so there is no way to mistake who she is.
2006-12-27 04:15:53 · answer #10 · answered by Starla_C 7 · 0⤊ 0⤋
They are legal if they have been signed by a judge and filed with the clerk of court, mistakes or not. An attorney should have caught the typos and fixed them before anybody signed...
2006-12-27 04:14:56 · answer #11 · answered by Anonymous · 1⤊ 0⤋