Q: About 2 weeks ago my sons father and I reached a mutual agreement in front of the judge on a visitation schedule. But once we left court, it appeared that the opposing attorney swapped the weekday visits, from what I thought I agreed to, to benefit his client (whether weekday visits would follow his weekend or come before his weekend was never addressed in the courtroom). The judge has not signed the agreement yet. I sent the judge a letter, as advised by the clerk, explaining the issue and that we in fact are not in agreement. Will that help at all or will I need to file a motion? And, how would I do that? Can I file a motion if the judge didn't sign anything yet? I no longer have an attorney, nor can I afford one. I'm trying to do this pro se.
Thank you!
Unfortunately with regards to a pro bono attorney, I contacted a wide variety of companies and I was informed that they can not step in at this point in the case seeing as it is only pending the judges signature. I was advised that I will have to wait until we go to court again and at that time I can request an attorney. I wish I could afford an attorney in the interim however, I am a full time student relying on my loans and grants to get me by, with very minimal child support. Lamentably, I will be in court this Friday to submit my counter-order as advised below. Thank you all for the advice! I am hoping this can get me through until the next court date where I can request council.
A: David's Answer: Preliminarily, you should never try to handle such a case on your own - if you cannot afford an attorney, you should always ask the judge to assign you one. That said, technically what you're supposed to do is submit a counter-order, with an affidavit of service, to the court upon receipt of the (incorrect) proposed order. If the Judge signs off on the incorrect order, then indeed you would need to file a motion for re-settlement of the order. Schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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